The Mississippi Chancery Youth Court Act of 2026; enact to provide uniform youth court and extend automatic repealer on related sections.

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To: Judiciary, Division A;
Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Wiggins

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2728

AN ACT TO ENACT THE MISSISSIPPI CHANCERY YOUTH COURT ACT OF 1
2026; TO AMEND SECTION 43-21-103, MISSISSIPPI CODE OF 1972, TO 2
RECOGNIZE THE UNIFORM RULES OF YOUTH COURT PRACTICE; TO AMEND 3
SECTION 43-21-105, MISSISSIPPI CODE OF 1972, TO REVISE THE TERMS 4
"YOUTH COURT," "JUDGE," AND "CHILD IN NEED OF SUPERVISION,"; TO 5
DEFINE THE TERMS "YOUTH COURT PROSECUTOR," "INTAKE OFFICER," 6
"INTAKE UNIT," "PRE-PETITION GUARDIAN," "DIVERSION" AND "DATA 7
MANAGEMENT SYSTEM"; TO DELETE THE TERM "DESIGNEE" FROM AND AFTER 8
JANUARY 1, 2028; TO AMEND SECTION 43-21-107, MISSISSIPPI CODE OF 9
1972, TO PROVIDE THAT THERE SHALL BE ADDITIONAL CHANCELLORS IN 10
EACH CHANCERY COURT DISTRICT PROVIDED IN CHAPTER 5, TITLE 9, AS 11
NEEDED, TO BE DETERMINED UNDER THIS SECTION; TO DELETE THE 12
AUTHORITY FOR THE CREATION OF A YOUTH COURT DIVISION AS A DIVISION 13
OF THE MUNICIPAL COURT IN ANY CITY IF THE GOVERNING AUTHORITIES OF 14
SUCH CITY ADOPT A RESOLUTION TO THAT EFFECT; TO CREATE NEW SECTION 15
43-21-108, MISSISSIPPI CODE OF 1972, TO DIRECT THE TRANSFER OF THE 16
CAUSES AND DOCKET OF EACH REGULAR OR SPECIAL YOUTH COURT REFEREE 17
NO LATER THAN JANUARY 1, 2028; TO PROVIDE THE PROCEDURE FOR THE 18
ELECTION OF CANDIDATES FOR THE JUDICIAL OFFICES CREATED BY VIRTUE 19
OF THIS ACT; TO REPEAL SECTION 43-21-111, MISSISSIPPI CODE OF 20
1972, WHICH AUTHORIZES REGULAR OR SPECIAL YOUTH COURT REFEREES ON 21
JANUARY 1, 2028; TO AMEND SECTION 43-21-115, MISSISSIPPI CODE OF 22
1972, TO REMOVE THE REQUIREMENT FOR AN INDIVIDUAL YOUTH COURT 23
JUDGE TO APPOINT A PERSON TO FUNCTION AS AN INTAKE UNIT; TO AMEND 24
SECTION 43-21-117, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE 25
YOUTH COURT PROSECUTOR SHALL REPRESENT THE STATE IN ALL 26
DELINQUENCY PROCEEDINGS; TO PROVIDE THAT THE CHILD WELFARE AGENCY 27
SHALL REPRESENT THE PETITION IN CHILD WELFARE MATTERS; TO PROVIDE 28
THAT THE COUNTY PROSECUTING ATTORNEY IN DELINQUENCY MATTERS SHALL 29
SERVE AS THE YOUTH COURT PROSECUTOR; TO AMEND SECTION 43-21-119, 30
MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 43-21-121, 31
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A GUARDIAN AD LITEM 32
SHALL NOT BECOME INVOLVED IN ANY YOUTH COURT MATTER PRIOR TO 33
EITHER A WRITTEN CUSTODY ORDER OR THE FIRST JUDICIAL HEARING; TO 34
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PROVIDE THAT ANY GUARDIAN AD LITEM NOT APPOINTED BY THE 35
ADMINISTRATIVE OFFICE OF COURTS SHALL REPORT ALL FEES RECEIVED TO 36
THE ADMINISTRATIVE OFFICE OF COURTS, INCLUDING IN TERMINATION OF 37
PARENTAL RIGHTS PROCEEDINGS; TO AMEND SECTION 43-21-123, 38
MISSISSIPPI CODE OF 1972, TO CONFORM; TO REPEAL SECTION 43-21-125, 39
MISSISSIPPI CODE OF 1972, WHICH CREATES THE MISSISSIPPI COUNCIL OF 40
YOUTH COURT JUDGES; TO CREATE NEW SECTION 43-21-126, MISSISSIPPI 41
CODE OF 1972, TO CREATE THE FAMILY SERVICES FORUM FOR MISSISSIPPI 42
CHILDREN, YOUTH, AND FAMILIES; TO SET FORTH THE MEMBERSHIP, 43
DUTIES, AND PROCEDURE OF THE FORUM; TO AMEND SECTION 43-21-203, 44
MISSISSIPPI CODE OF 1972, TO DELETE LANGUAGE THAT PROHIBITS THE 45
GENERAL PUBLIC FROM YOUTH COURT HEARINGS; TO CREATE NEW SECTION 46
43-21-204, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "YOUTH 47
COURT PROCEEDING"; TO PROVIDE THAT THE GENERAL PUBLIC SHALL BE 48
ADMITTED TO ANY HEARING IN A YOUTH COURT PROCEEDING, INCLUDING, 49
BUT NOT LIMITED TO, ANY ADJUDICATORY HEARING OR ANY DISPOSITIONAL 50
HEARING WITH CERTAIN EXCEPTIONS; TO PROVIDE THAT THE COURT MAY 51
CLOSE A YOUTH COURT HEARING ONLY AFTER A FINDING ON THE RECORD AND 52
ISSUANCE OF A SIGNED ORDER STATING THE REASON OR REASONS FOR 53
CLOSING ALL OR PART OF A HEARING IN A YOUTH COURT PROCEEDING; TO 54
AMEND SECTION 43-21-251, MISSISSIPPI CODE OF 1972, TO CONFORM; TO 55
AMEND SECTION 43-21-257, MISSISSIPPI CODE OF 1972, TO REMOVE THE 56
REQUIREMENT OF THE OFFICE OF YOUTH SERVICES WITHIN THE DEPARTMENT 57
OF HUMAN SERVICES TO MAINTAIN A STATE CENTRAL REGISTRY; TO DELETE 58
LANGUAGE TO CONFORM TO THE REPEAL OF SECTION 43-21-267; TO DIRECT 59
THE APPROPRIATE ENTITY TO SEEK A COURT ORDER TO PLACE A 60
PERPETRATOR ON THE REGISTRY IN EVERY CASE IN WHICH THE AGENCY IS 61
INVOLVED AND IN WHICH THE COURT SUBSTANTIATES ABUSE OR NEGLECT; TO 62
AMEND SECTION 43-21-261, MISSISSIPPI CODE OF 1972, TO REVISE THE 63
DISCLOSURE OF YOUTH COURT RECORDS; TO DELETE LANGUAGE REQUIRING A 64
COURT ORDER TO DISCLOSE YOUTH COURT RECORDS; TO EXTEND THE DATE OF 65
REPEAL ON THIS SECTION; TO AMEND SECTION 43-21-263, MISSISSIPPI 66
CODE OF 1972, TO AUTHORIZE THE EXPUNGEMENT OF RECORDS INVOLVING 67
CHILDREN; TO CONFORM TO THE NEW SECTION 43-21-204; TO REPEAL 68
SECTION 43-21-267, MISSISSIPPI CODE OF 1972, WHICH CREATES A 69
CRIMINAL PENALTY FOR THE DISCLOSURE OF CERTAIN RECORDS; TO REPEAL 70
SECTION 43-21-305, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES A 71
LAW ENFORCEMENT OFFICER TO STOP AND QUESTION CERTAIN CHILDREN IN 72
PUBLIC; TO AMEND SECTIONS 43-21-307 AND 43-21-311, MISSISSIPPI 73
CODE OF 1972, TO CONFORM; TO AMEND SECTION 43-21-351, MISSISSIPPI 74
CODE OF 1972, TO REQUIRE DELINQUENCY REPORTS TO INCLUDE EITHER A 75
LAW ENFORCEMENT REPORT OR A SWORN AFFIDAVIT; TO INCREASE THE 76
ANNUAL REQUIRED HOURS OF TRAINING FOR AN INTAKE OFFICER; TO 77
REQUIRE THE TRAINING TO BE PROVIDED BY THE ADMINISTRATIVE OFFICE 78
OF COURTS; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO BRING 79
FORWARD SECTION 43-21-353, MISSISSIPPI CODE OF 1972, WHICH 80
AUTHORIZES MANDATORY REPORTING AND INVESTIGATIONS BY THE 81
DEPARTMENT OF CHILD PROTECTION SERVICES, FOR POSSIBLE AMENDMENT; 82
TO AMEND SECTION 43-21-357, MISSISSIPPI CODE OF 1972, TO REQUIRE 83
THE YOUTH COURT INTAKE OFFICER UPON RECEIVING A NEGLECT OR ABUSE 84
REPORT TO FILE A RECOMMENDATION AND GIVE NOTICE TO THE APPROPRIATE 85
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ENTITY WITHIN A CERTAIN TIMEFRAME; TO REQUIRE THE YOUTH COURT 86
PROSECUTOR, WITHIN A CERTAIN TIMEFRAME, IN DELINQUENCY MATTERS TO 87
TAKE CERTAIN ACTIONS; TO REQUIRE THE DEPARTMENT OF CHILD 88
PROTECTION SERVICES OR THE YOUTH COURT PROSECUTOR, WITHIN A 89
CERTAIN TIMEFRAME, IN CHILD WELFARE MATTERS TO TAKE CERTAIN 90
ACTIONS; TO PROVIDE THAT A CASE CLOSURE NOTICE SHALL BE REVIEWABLE 91
BY THE YOUTH COURT FOR 30 DAYS AFTER THE ENTRY OF THE NOTICE BY 92
THE COURT, THE YOUTH COURT PROSECUTOR, OR THE DEPARTMENT OF CHILD 93
PROTECTION SERVICES; TO AMEND SECTIONS 43-21-405 AND 43-21-407, 94
MISSISSIPPI CODE OF 1972, TO CONFORM; TO CREATE NEW SECTION 95
43-21-409, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DIVISION OF 96
YOUTH SERVICES OF THE DEPARTMENT OF HUMAN SERVICES TO ESTABLISH 97
AND ADMINISTER A YOUTH DIVERSION PROGRAM THAT SEEKS TO DIVERT 98
YOUTH FROM THE YOUTH JUSTICE SYSTEM AND INTEGRATE RESTORATIVE 99
JUSTICE PRACTICES; TO AMEND SECTION 43-21-451, MISSISSIPPI CODE OF 100
1972, TO REMOVE THE REQUIREMENT OF COURT AUTHORIZATION TO DRAFT 101
AND FILE A PETITION; TO REQUIRE THE SAME TIMEFRAME FOR FILING A 102
PETITION FOR ALL CASES; TO AMEND SECTION 43-21-501, MISSISSIPPI 103
CODE OF 1972, TO REQUIRE THE DEPARTMENT OF CHILD PROTECTION 104
SERVICES TO BE SUMMONSED ONLY IN CHILD WELFARE MATTERS; TO AMEND 105
SECTION 43-21-557, MISSISSIPPI CODE OF 1972, TO REQUIRE THE YOUTH 106
COURT TO EXPLAIN TO THE PARTIES THE FULL RANGE OF POSSIBLE 107
DISPOSITIONAL ALTERNATIVES AT THE BEGINNING OF EACH ADJUDICATORY 108
HEARING; TO AMEND SECTION 43-21-609, MISSISSIPPI CODE OF 1972, TO 109
REVISE THE ALTERNATIVES OF THE DISPOSITION ORDER IN NEGLECT AND 110
ABUSE CASES; TO AMEND SECTION 43-21-613, MISSISSIPPI CODE OF 1972, 111
TO REQUIRE THE COURT TO CONDUCT A SHELTER REVIEW HEARING WITHIN A 112
CERTAIN PERIOD OF DAYS OF REMOVAL IF THERE HAS BEEN NO 113
ADJUDICATION AND WITHIN A CERTAIN PERIOD OF DAYS THEREAFTER UNTIL 114
ADJUDICATION; TO AMEND SECTION 43-21-621, MISSISSIPPI CODE OF 115
1972, TO REMOVE AN OUTDATED REPORTING REQUIREMENT OF THE 116
ADMINISTRATIVE OFFICE OF COURTS RELATED TO JUVENILES REPORTED TO 117
PRINCIPALS; TO AMEND SECTION 43-21-625, MISSISSIPPI CODE OF 1972, 118
TO REMOVE THE REQUIREMENT OF THE DEPARTMENT OF HUMAN SERVICES TO 119
DEVELOP AND IMPLEMENT A WILDERNESS TRAINING PROGRAM FOR FIRST TIME 120
YOUTH OFFENDERS BY DELETING THE WORD "SHALL" AND INSERTING THE 121
WORD "MAY" IN LIEU THEREOF; TO REPEAL SECTION 43-21-703, 122
MISSISSIPPI CODE OF 1972, WHICH PRESCRIBES THE REQUIRED DUTIES OF 123
THE MISSISSIPPI COMMISSION ON A UNIFORM YOUTH COURT SYSTEM AND 124
PROCEDURES TO STUDY THE YOUTH COURT SYSTEM AND REPORT ANY PROPOSED 125
CHANGES BY CERTAIN DATE; TO REPEAL SECTION 43-21-751, MISSISSIPPI 126
CODE OF 1972, WHICH COMPRISES THE TEEN COURT PILOT PROGRAM ACT; TO 127
AMEND SECTION 43-21-801, MISSISSIPPI CODE OF 1972, TO REVISE THE 128
YOUTH COURT SUPPORT PROGRAM TO PROVIDE THAT SUBJECT TO 129
APPROPRIATION BY THE LEGISLATURE THE ADMINISTRATIVE OFFICE OF 130
COURTS SHALL PROVIDE YOUTH COURT INTAKE OFFICERS AND ONE COURT 131
ADMINISTRATOR TO EACH YOUTH COURT IN THE STATE; TO EXTEND THE DATE 132
OF REPEAL ON THIS SECTION; TO AMEND SECTION 43-27-20, MISSISSIPPI 133
CODE OF 1972, TO REVISE THE DUTIES OF THE DIRECTOR OF THE OFFICE 134
OF COMMUNITY SERVICES; TO REVISE THE DUTIES OF THE DIVISION OF 135
YOUTH SERVICES; TO PROVIDE A NONDELEGABLE DUTY FOR THE OFFICE OF 136
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COMMUNITY SERVICES TO MAINTAIN DATA REGARDING THE DIVISION OF 137
YOUTH SERVICES; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO 138
AMEND SECTION 45-33-61, MISSISSIPPI CODE OF 1972, TO CONFORM TO 139
THE DEFINITION OF THE TERM "DATA MANAGEMENT SYSTEM"; TO EXTEND THE 140
DATE OF REPEAL ON THIS SECTION; TO AMEND SECTION 93-15-107, 141
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN THE EVENT THAT THE 142
GUARDIAN AD LITEM IS NOT APPOINTED BY THE ADMINISTRATIVE OFFICE OF 143
COURTS, THE GUARDIAN AD LITEM FEES SHALL BE DETERMINED IN THE 144
DISCRETION OF THE COURT AND ASSESSED BY ORDER TO THE COUNTY AND A 145
COPY OF SUCH ASSESSMENT SHALL BE TRANSMITTED TO THE ADMINISTRATIVE 146
OFFICE OF COURTS; TO AMEND SECTION 93-31-3, MISSISSIPPI CODE OF 147
1972, TO CONFORM; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO 148
AMEND SECTION 9-5-91, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE 149
CHANCERY CLERK TO PREPARE AND FORWARD CERTAIN INFORMATION RELATED 150
TO GUARDIANS AD LITEM FOR EVERY CASE, INCLUDING YOUTH COURT CASES, 151
WHERE THE GUARDIAN AD LITEM FEE EXCEEDS $1,000.00; TO AMEND 152
SECTIONS 9-5-165 AND 9-21-9, MISSISSIPPI CODE OF 1972, TO CONFORM; 153
AND FOR RELATED PURPOSES. 154
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 155
SECTION 1. This act shall be known and may be cited as the 156
"Mississippi Chancery Youth Court Act of 2026." 157
SECTION 2. Section 43-21-103, Mississippi Code of 1972, is 158
amended as follows: 159
43-21-103. (1) This chapter shall be liberally construed to 160
the end that each child coming within the jurisdiction of the 161
youth court shall become a responsible, accountable and productive 162
citizen, and that each such child shall receive such care, 163
guidance and control, preferably in such child's own home as is 164
conducive toward that end and is in the state's and the child's 165
best interest. It is the public policy of this state that the 166
parents of each child shall be primarily responsible for the care, 167
support, education and welfare of such children; however, when it 168
is necessary that a child be removed from the control of such 169
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child's parents, the youth court shall secure proper care for such 170
child. 171
(2) (a) The Legislature recognizes and endorses the Uniform 172
Rules of Youth Court Practice. A youth court judge shall seek to 173
harmonize the provisions of the Youth Court Law with the Uniform 174
Rules of Youth Court Practice in a manner that prioritizes and 175
promotes the best interests of the child. 176
(b) If a conflict between the Uniform Rules of Youth 177
Court Practice and a provision of this act amending the Youth 178
Court Law cannot be harmonized, this act shall control. 179
SECTION 3. Section 43-21-105, Mississippi Code of 1972, is 180
amended as follows: 181
43-21-105. The following words and phrases, for purposes of 182
this chapter, shall have the meanings ascribed herein unless the 183
context clearly otherwise requires: 184
(a) "Youth court" means the youth court division as 185
provided in Section 43-21-107. 186
(b) "Judge" means the judge of the youth court division 187
as provided in Section 43-21-107. The term includes a person 188
appointed as a family master under Section 9-5-255 189
(c) [Until January 1, 2028, this paragraph (c) shall 190
read as follows:] "Designee" means any person that the judge 191
appoints to perform a duty which this chapter requires to be done 192
by the judge or his designee. The judge may not appoint a person 193
who is involved in law enforcement or who is an employee of the 194
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Mississippi Department of Human Services or the Mississippi 195
Department of Child Protection Services to be his designee. 196
(c) [From and after January 1, 2028, this paragraph (c) 197
shall read as follows:] * * * [Deleted] 198
(d) "Child" and "youth" are synonymous, and each means 199
a person who has not reached his eighteenth birthday. A child who 200
has not reached his eighteenth birthday and is on active duty for 201
a branch of the armed services or is married is not considered a 202
"child" or "youth" for the purposes of this chapter. 203
(e) "Parent" means the father or mother to whom the 204
child has been born, or the father or mother by whom the child has 205
been legally adopted. 206
(f) "Guardian" means a court-appointed guardian of the 207
person of a child. 208
(g) "Custodian" means any person having the present 209
care or custody of a child whether such person be a parent or 210
otherwise. 211
(h) "Legal custodian" means a court-appointed custodian 212
of the child. 213
(i) "Delinquent child" means a child who has reached 214
his tenth birthday and who has committed a delinquent act. 215
(j) "Delinquent act" is any act, which if committed by 216
an adult, is designated as a crime under state or federal law, or 217
municipal or county ordinance other than offenses punishable by 218
life imprisonment or death. A delinquent act includes escape from 219
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lawful detention and violations of the Uniform Controlled 220
Substances Law and violent behavior. 221
(k) "Child in need of supervision" means a child who 222
has reached his seventh birthday and is in need of treatment or 223
rehabilitation because the child: 224
(i) Is habitually disobedient of reasonable and 225
lawful commands of his parent, guardian or custodian and is 226
ungovernable; or 227
(ii) While being required to attend school, 228
willfully and habitually violates the rules thereof or willfully 229
and habitually absents himself therefrom; or 230
(iii) Runs away from home without good cause; or 231
(iv) Has committed a delinquent act or acts and is 232
under ten (10) years of age. 233
(l) "Neglected child" means a child: 234
(i) Whose parent, guardian or custodian or any 235
person responsible for his care or support, neglects or refuses, 236
when able so to do, to provide for him proper and necessary care 237
or support, or education as required by law, or medical, surgical, 238
or other care necessary for his well-being; however, a parent who 239
withholds medical treatment from any child who in good faith is 240
under treatment by spiritual means alone through prayer in 241
accordance with the tenets and practices of a recognized church or 242
religious denomination by a duly accredited practitioner thereof 243
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shall not, for that reason alone, be considered to be neglectful 244
under any provision of this chapter; or 245
(ii) Who is otherwise without proper care, 246
custody, supervision or support; or 247
(iii) Who, for any reason, lacks the special care 248
made necessary for him by reason of his mental condition, whether 249
the mental condition is having mental illness or having an 250
intellectual disability; or 251
(iv) Who is not provided by the child's parent, 252
guardian or custodian, with food, clothing, or shelter necessary 253
to sustain the life or health of the child, excluding such failure 254
caused primarily by financial inability unless relief services 255
have been offered and refused and the child is in imminent risk of 256
harm. 257
(m) "Abused child" means a child whose parent, guardian 258
or custodian or any person responsible for his care or support, 259
whether legally obligated to do so or not, has caused or allowed 260
to be caused, upon the child, sexual abuse, sexual exploitation, 261
commercial sexual exploitation, emotional abuse, mental injury, 262
nonaccidental physical injury or other maltreatment. However, 263
physical discipline, including spanking, performed on a child by a 264
parent, guardian or custodian in a reasonable manner shall not be 265
deemed abuse under this section. "Abused child" also means a 266
child who is or has been trafficked within the meaning of the 267
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Mississippi Human Trafficking Act by any person, without regard to 268
the relationship of the person to the child. 269
(n) "Sexual abuse" means obscene or pornographic 270
photographing, filming or depiction of children for commercial 271
purposes, or the rape, molestation, incest, prostitution or other 272
such forms of sexual exploitation of children under circumstances 273
which indicate that the child's health or welfare is harmed or 274
threatened. 275
(o) "A child in need of special care" means a child 276
with any mental or physical illness that cannot be treated with 277
the dispositional alternatives ordinarily available to the youth 278
court. 279
(p) A "dependent child" means any child who is not a 280
child in need of supervision, a delinquent child, an abused child 281
or a neglected child, and which child has been voluntarily placed 282
in the custody of the Department of Child Protection Services by 283
his parent, guardian or custodian. 284
(q) "Custody" means the physical possession of the 285
child by any person. 286
(r) "Legal custody" means the legal status created by a 287
court order which gives the legal custodian the responsibilities 288
of physical possession of the child and the duty to provide him 289
with food, shelter, education and reasonable medical care, all 290
subject to residual rights and responsibilities of the parent or 291
guardian of the person. 292
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(s) "Detention" means the care of children in 293
physically restrictive facilities. 294
(t) "Shelter" means care of children in physically 295
nonrestrictive facilities. 296
(u) "Records involving children" means any of the 297
following from which the child can be identified: 298
(i) All youth court records as defined in Section 299
43-21-251; 300
(ii) All forensic interviews conducted by a child 301
advocacy center in abuse and neglect investigations; 302
(iii) All law enforcement records as defined in 303
Section 43-21-255; 304
(iv) All agency records as defined in Section 305
43-21-257; and 306
(v) All other documents maintained by any 307
representative of the state, county, municipality or other public 308
agency insofar as they relate to the apprehension, custody, 309
adjudication or disposition of a child who is the subject of a 310
youth court cause. 311
(v) "Any person responsible for care or support" means 312
the person who is providing for the child at a given time. This 313
term shall include, but is not limited to, stepparents, foster 314
parents, relatives, nonlicensed babysitters or other similar 315
persons responsible for a child and staff of residential care 316
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facilities and group homes that are licensed by the Department of 317
Human Services or the Department of Child Protection Services. 318
(w) The singular includes the plural, the plural the 319
singular and the masculine the feminine when consistent with the 320
intent of this chapter. 321
(x) "Out-of-home" setting means the temporary 322
supervision or care of children by the staff of licensed day care 323
centers, the staff of public, private and state schools, the staff 324
of juvenile detention facilities, the staff of unlicensed 325
residential care facilities and group homes and the staff of, or 326
individuals representing, churches, civic or social organizations. 327
(y) "Durable legal custody" means the legal status 328
created by a court order which gives the durable legal custodian 329
the responsibilities of physical possession of the child and the 330
duty to provide him with care, nurture, welfare, food, shelter, 331
education and reasonable medical care. All these duties as 332
enumerated are subject to the residual rights and responsibilities 333
of the natural parent(s) or guardian(s) of the child or children. 334
(z) "Status offense" means conduct subject to 335
adjudication by the youth court that would not be a crime if 336
committed by an adult. 337
(aa) "Financially able" means a parent or child who is 338
ineligible for a court-appointed attorney. 339
(bb) "Assessment" means an individualized examination 340
of a child to determine the child's psychosocial needs and 341
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problems, including the type and extent of any mental health, 342
substance abuse or co-occurring mental health and substance abuse 343
disorders and recommendations for treatment. The term includes, 344
but is not limited to, a drug and alcohol, psychological or 345
psychiatric evaluation, records review, clinical interview or the 346
administration of a formal test and instrument. 347
(cc) "Screening" means a process, with or without the 348
administration of a formal instrument, that is designed to 349
identify a child who is at increased risk of having mental health, 350
substance abuse or co-occurring mental health and substance abuse 351
disorders that warrant immediate attention, intervention or more 352
comprehensive assessment. 353
(dd) "Durable legal relative guardianship" means the 354
legal status created by a youth court order that conveys the 355
physical and legal custody of a child or children by durable legal 356
guardianship to a relative or fictive kin who is licensed as a 357
foster or resource parent. 358
(ee) "Relative" means a person related to the child by 359
affinity or consanguinity within the third degree. 360
(ff) "Fictive kin" means a person not related to the 361
child legally or biologically but who is considered a relative due 362
to a significant, familial-like and ongoing relationship with the 363
child and family, including adults related beyond the third 364
degree, godparents, friends of the family, or other adults who 365
have a strong familial bond with the child. 366
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(gg) "Reasonable efforts" means the exercise of 367
reasonable care and due diligence by the Department of Human 368
Services, the Department of Child Protection Services, or any 369
other appropriate entity or person to use services appropriate to 370
the child's background, accessible, and available to meet the 371
individualized needs of the child and child's family to prevent 372
removal and reunify the family as soon as safely possible 373
consistent with the best interests of the child. Reasonable 374
efforts must be made in collaboration with the family and must 375
address the individualized needs of the family that brought the 376
child to the attention of the Department of Child Protection 377
Services and must not consist of required services that are not 378
related to the family's needs. 379
(hh) "Commercial sexual exploitation" means any sexual 380
act or crime of a sexual nature, which is committed against a 381
child for financial or economic gain, to obtain a thing of value 382
for quid pro quo exchange of property or for any other purpose. 383
(ii) "Intake officer" means an individual appointed by 384
the Administrative Office of Courts or responsible for receiving 385
referrals and presenting initial determinations to the intake 386
unit. 387
(jj) "Intake unit" means the intake officer appointed 388
by the Administrative Office of Courts and other youth court 389
personnel designated by the youth court to consider the initial 390
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determination of the intake officer and make an intake 391
recommendation to the youth court. 392
(kk) "Pre-petition guardian" means the adult having 393
actual physical custody of the child prior to removal. 394
(ll) "Diversion" means a decision made by an individual 395
with authority that results in specific official action of the 396
legal system not being taken in regard to a specific juvenile or 397
child and in lieu thereof providing or referring the juvenile or 398
child to an individually designed program or activity provided by 399
governmental entities or nongovernmental entities. The goal of 400
diversion shall be to prevent further involvement of the juvenile 401
or child in the formal legal system. 402
(mm) "Data management system" means the uniform youth 403
court data management system designated by the Administrative 404
Office of Courts under Section 9-21-9(1)(d). 405
(nn) "Youth court prosecutor" means the county 406
prosecuting attorney. 407
SECTION 4. Section 43-21-107, Mississippi Code of 1972, is 408
amended as follows: 409
[Until January 1, 2028, this section shall read as follows:] 410
43-21-107. (1) A youth court division is hereby created as 411
a division of the county court of each county now or hereafter 412
having a county court, and the county judge shall be the judge of 413
the youth court unless another judge is named by the county judge 414
as provided by this chapter. 415
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(2) A youth court division is hereby created as a division 416
of the chancery court of each county in which no county court is 417
maintained and any chancellor within a chancery court district 418
shall be the judge of the youth court of that county within such 419
chancery court district unless another judge is named by the 420
senior chancellor of the county or chancery court district as 421
provided by this chapter. 422
* * * 423
[From and after January 1, 2028, this section shall read as 424
follows:] 425
43-21-107. (1) A youth court division is hereby created as 426
a division of the county court of each county now or hereafter 427
having a county court, and the county judge shall be the judge of 428
the youth court * * *. 429
(2) A youth court division is hereby created as a division 430
of the chancery court of each county in which no county court is 431
maintained and any chancellor within a chancery court district 432
shall be the judge of the youth court of that county within such 433
chancery court district * * *. 434
(3) * * * (a) There shall be additional chancellors in each 435
chancery court district provided in Chapter 5, Title 9, 436
Mississippi Code of 1972, as needed, to be determined under this 437
section. 438
(b) Any chancellorship created in this section shall be 439
separate and distinct from the other chancellorships in the 440
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chancery court district and denominated for purposes of 441
appointment and election as a separate "place." The chancellor to 442
fill the place to be authorized under this section may be a 443
resident of any county in the chancery court district. Election 444
of the office of chancellor under this section shall be by 445
election to be held in every county within the chancery court 446
district. 447
SECTION 5. The following shall be codified as Section 448
43-21-108, Mississippi Code of 1972: 449
43-21-108. (1) Each regular or special youth court referee 450
shall prepare its causes and docket for the transfer of its causes 451
and dockets to the youth court division of the chancery court of 452
each county in which no county court is maintained. The 453
Administrative Office of Courts shall assist each regular or 454
special youth court referee in preparing its causes and dockets 455
for the transfer. The Administrative Office of Courts shall 456
transfer the cause and dockets of each regular or special youth 457
court referee to the youth court division of the chancery court of 458
each county in which no county court is maintained no later than 459
January 1, 2028. 460
(2) (a) Candidates for the chancellorships created by this 461
act shall run for those offices in the general election to be 462
conducted in November 2027. Candidates shall file as is provided 463
in Section 23-15-977, and shall run for office and be elected as 464
provided in Sections 23-15-974 through 23-15-985, which constitute 465
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the Nonpartisan Judicial Election Act. The judges elected shall 466
serve a three-year term to begin January 1, 2028, and the terms of 467
those offices shall thereafter be as provided for chancellors 468
generally. 469
(b) To the extent permitted by the Mississippi 470
Constitution of 1890 and notwithstanding any provision of general 471
law to the contrary, a person who is a judge within the youth 472
court division of a county court as of December 31, 2027, may 473
qualify as a candidate to run for the office of chancellor of the 474
youth created in Section 43-21-107 in the November 2027 general 475
election. 476
(3) This section shall stand repealed on July 1, 2029. 477
SECTION 6. Section 43-21-111, Mississippi Code of 1972, 478
which authorizes regular or special youth court referees, shall 479
stand repealed on January 1, 2028. 480
SECTION 7. Section 43-21-115, Mississippi Code of 1972, is 481
amended as follows: 482
43-21-115. In every youth court division the judge * * * may 483
appoint as provided in Section 43-21-123 one or more persons to 484
function as the intake unit for the youth court division. The 485
youth court intake unit shall perform all duties specified by this 486
chapter. If * * * any person serving as part of the youth court 487
intake unit is not already a salaried * * * employee of the 488
Administrative Office of Courts, the salary for such person shall 489
be fixed on order of the judge as provided in Section 43-21-123 490
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and shall be paid by the county or municipality, as the case may 491
be, out of any available funds budgeted for the youth court by the 492
board of supervisors. 493
SECTION 8. Section 43-21-117, Mississippi Code of 1972, is 494
amended as follows: 495
43-21-117. (1) The youth court prosecutor shall represent 496
the * * * state in all delinquency proceedings in the youth court. 497
In child welfare matters, the Mississippi Department of Child 498
Protection Services or the youth court prosecutor may be the 499
petitioner. 500
(2) The county prosecuting attorney shall serve as the youth 501
court prosecutor * * * in delinquency cases. An attorney for the 502
Mississippi Department of Child Protection Services or the youth 503
court prosecutor may file petitions in child welfare matters. The 504
district attorney may participate in transfer proceedings. 505
* * * 506
( * * *3) All * * * attorneys who serve as youth court 507
prosecutors shall be required to receive juvenile justice training 508
approved by the Mississippi Attorney General's office and regular 509
annual continuing education in the field of juvenile justice. The 510
Mississippi Attorney General's office shall determine the amount 511
of juvenile justice training and annual continuing education which 512
shall be satisfactory to fulfill the requirements of this 513
subsection. The Administrative Office of Courts shall maintain a 514
roll of youth court prosecutors, shall enforce the provisions of 515
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this subsection and shall maintain records on all such youth court 516
prosecutors regarding such training. Should a youth court 517
prosecutor miss two (2) consecutive training sessions sponsored by 518
the Mississippi Attorney General's office as required by this 519
subsection or fail to attend one (1) such training session within 520
six (6) months of their designation as youth court prosecutor, the 521
youth court prosecutor shall be disqualified to serve and be 522
immediately removed from the office of youth court prosecutor and 523
another youth court prosecutor shall be designated. 524
SECTION 9. Section 43-21-119, Mississippi Code of 1972, is 525
amended as follows: 526
[Until January 1, 2028, this section shall read as follows:] 527
43-21-119. The judge or his designee shall appoint as 528
provided in Section 43-21-123 sufficient personnel, responsible to 529
and under the control of the youth court, to carry on the 530
professional, clerical and other work of the youth court. The cost 531
of these persons appointed by the youth court shall be paid as 532
provided in Section 43-21-123 out of any available funds budgeted 533
for the youth court by the board of supervisors. 534
[From and after January 1, 2028, this section shall read as 535
follows:] 536
43-21-119. The judge * * * shall appoint as provided in 537
Section 43-21-123 sufficient personnel, responsible to and under 538
the control of the youth court, to carry on the professional, 539
clerical and other work of the youth court. The cost of these 540
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persons appointed by the youth court shall be paid as provided in 541
Section 43-21-123 out of any available funds budgeted for the 542
youth court by the board of supervisors. 543
SECTION 10. Section 43-21-121, Mississippi Code of 1972, is 544
amended as follows: 545
43-21-121. (1) The youth court shall appoint a guardian ad 546
litem for the child: 547
(a) When a child has no parent, guardian or custodian; 548
(b) When the youth court cannot acquire personal 549
jurisdiction over a parent, a guardian or a custodian; 550
(c) When the parent is a minor or a person of unsound 551
mind; 552
(d) When the parent is indifferent to the interest of 553
the child or if the interests of the child and the parent, 554
considered in the context of the cause, appear to conflict; 555
(e) In every case involving an abused or neglected 556
child which results in a judicial proceeding; or 557
(f) In any other instance where the youth court finds 558
appointment of a guardian ad litem to be in the best interest of 559
the child. 560
(2) (a) The guardian ad litem shall be appointed by the 561
court when custody is ordered or at the first judicial hearing 562
regarding the case, whichever occurs first. 563
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(b) The guardian ad litem shall not become involved in 564
any youth court matter prior to either a written custody order or 565
the first judicial hearing. 566
(3) In addition to all other duties required by law, a 567
guardian ad litem shall have the duty to protect the interest of a 568
child for whom he has been appointed guardian ad litem. The 569
guardian ad litem shall investigate, make recommendations to the 570
court or enter reports as necessary to hold paramount the child's 571
best interest. The guardian ad litem is not an adversary party 572
and the court shall ensure that guardians ad litem perform their 573
duties properly and in the best interest of their wards. The 574
guardian ad litem shall be a competent person who has no adverse 575
interest to the minor. The court shall ensure that the guardian 576
ad litem is adequately instructed on the proper performance of his 577
duties. 578
(4) The court, including a county court serving as a youth 579
court, may appoint either a suitable attorney or a suitable layman 580
as guardian ad litem. In cases where the court appoints a layman 581
as guardian ad litem, the court shall also appoint an attorney to 582
represent the child. From and after January 1, 1999, in order to 583
be eligible for an appointment as a guardian ad litem, such 584
attorney or layperson must have received child protection and 585
juvenile justice training provided by or approved by the * * * 586
Administrative Office of Courts within the year immediately 587
preceding such appointment. The * * * Administrative Office of 588
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Courts shall determine the amount of child protection and juvenile 589
justice training which shall be satisfactory to fulfill the 590
requirements of this section. The Administrative Office of Courts 591
shall maintain a roll of all attorneys and laymen eligible to be 592
appointed as a guardian ad litem under this section and shall 593
enforce the provisions of this subsection. 594
(5) Upon appointment of a guardian ad litem, the youth court 595
shall continue any pending proceedings for a reasonable time to 596
allow the guardian ad litem to familiarize himself with the 597
matter, consult with counsel and prepare his participation in the 598
cause. The youth court shall issue an order of assignment that 599
grants the guardian ad litem authority to review all relevant 600
documents concerning the minor child and to interview all parties 601
and witnesses involved in proceedings concerning the minor child 602
for whom the guardian ad litem is appointed. 603
(6) [Until January 1, 2028, this subsection (6) shall read 604
as follows:] Unless the guardian ad litem is appointed by the 605
Administrative Office of Courts, upon order of the youth court, 606
the guardian ad litem shall be paid a reasonable fee as determined 607
by the youth court judge or referee out of the county general fund 608
as provided under Section 43-21-123. To be eligible for such fee, 609
the guardian ad litem shall submit an accounting of the time spent 610
in performance of his duties to the court. Any guardian ad litem 611
not appointed by the Administrative Office of Courts shall report 612
all fees received to the Administrative Office of Courts. This 613
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subsection shall apply to termination-of-parental-rights 614
proceedings as well. 615
(6) [From and after January 1, 2028, this subsection (6) 616
shall read as follows:] Unless the guardian ad litem is appointed 617
by the Administrative Office of Courts, upon order of the youth 618
court, the guardian ad litem shall be paid a reasonable fee as 619
determined by the youth court judge * * * out of the county 620
general fund as provided under Section 43-21-123. To be eligible 621
for such fee, the guardian ad litem shall submit an accounting of 622
the time spent in performance of his duties to the court. Any 623
guardian ad litem not appointed by the Administrative Office of 624
Courts shall report all fees received to the Administrative Office 625
of Courts. This subsection shall apply to 626
termination-of-parental-rights proceedings as well. 627
(7) (a) The court, in its sound discretion, may appoint a 628
volunteer trained layperson to assist children subject to the 629
provisions of this section in addition to the appointment of a 630
guardian ad litem. If the court utilizes his or her discretion as 631
prescribed under this subsection, a volunteer Court-Appointed 632
Special Advocate (CASA) shall be appointed from a program that 633
supervises the volunteer and meets all state and national CASA 634
standards to advocate for the best interests of children in abuse 635
and neglect proceedings. To accomplish the assignment of a CASA 636
volunteer, the court shall issue an order of assignment that shall 637
grant the CASA volunteer the authority, equal to that of the 638
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guardian ad litem, to review all relevant documents and to 639
interview all parties and witnesses involved in the proceeding in 640
which he or she is appointed. Except as otherwise ordered by the 641
court, the assignment of a CASA volunteer for a child shall 642
include subsequent proceedings through permanent placement of the 643
child. 644
(b) Before assigning a CASA volunteer as prescribed 645
under this subsection, the youth court judge shall determine if 646
the volunteer has sufficient qualifications, training and ability 647
to serve as a CASA volunteer, including his or her ability to 648
represent and advocate for the best interests of children assigned 649
to him or her. No volunteer shall be assigned until a 650
comprehensive criminal background check has been conducted. 651
All CASA volunteers shall: 652
(i) Be sworn in by a judge of the court; 653
(ii) Swear or affirm to abide by all laws, 654
regulations, and orders of the court; 655
(iii) Swear or affirm to advocate what he or she 656
perceives to be in the best interests of the child for whom he or 657
she is assigned in all matters pending before the court; 658
(iv) Provide independent, factual information to 659
the court regarding the children and cases to which they are 660
assigned; 661
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(v) Advocate on behalf of the children involved in 662
the cases to which they are assigned what they perceive to be in 663
the best interests of the children; and 664
(vi) Monitor proceedings in cases to which they 665
have been assigned and advise and assist the court in its 666
determination of the best interests of the children involved. 667
(c) Regarding any case to which a CASA volunteer has 668
been assigned, the CASA volunteer: 669
(i) Shall be notified by the court of all court 670
proceedings and hearings of any kind pertaining to the child; 671
(ii) Shall be notified by the Department of Child 672
Protection Services of all administrative review hearings; 673
(iii) Shall be entitled to attend all court 674
proceedings and hearings of any kind pertaining to the child; 675
(iv) May be called as a witness in the proceedings 676
by any party or by the court and may request of the court the 677
opportunity to appear as a witness; and 678
(v) Shall be given access to all portions of the 679
court record relating to proceedings pertaining to the child and 680
the child's family. 681
(d) Upon application to the court and notice to all 682
parties, the court shall grant the CASA volunteer access to other 683
information, including the department records as provided in 684
Section 43-21-261, relating to the child and the child's family 685
and to other matters involved in the proceeding in which he or she 686
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is appointed. All records and information requested or reviewed 687
by the CASA volunteer in the course of his or her assignment shall 688
be deemed confidential and shall not be disclosed by him except 689
pursuant to court order. All records and information shall only 690
be disclosed as directed by court order and shall be disclosed as 691
directed by court order and shall be subject to whatever 692
protective order the court deems appropriate. 693
SECTION 11. Section 43-21-123, Mississippi Code of 1972, is 694
amended as follows: 695
43-21-123. (1) Except for expenses provided by state funds 696
and/or other monies, the board of supervisors * * * shall 697
adequately provide funds for the operation of the youth court 698
division of the chancery court in conjunction with the regular 699
chancery court budget * * *. In preparation for said funding, on 700
an annual basis at the time requested, the youth court judge or 701
administrator shall prepare and submit to the board of 702
supervisors * * * an annual budget which will identify the number, 703
staff position, title and amount of annual or monthly compensation 704
of each position as well as provide for other expenditures 705
necessary to the functioning and operation of the youth court. 706
When the budget of the youth court or youth court judge is 707
approved by the board of supervisors * * *, then the youth court 708
or youth court judge may employ such persons as provided in the 709
budget from time to time. 710
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(2) The board of supervisors of any county in which there is 711
located a youth court * * * are each authorized to reimburse the 712
youth court judges and other youth court employees or personnel 713
for reasonable travel and expenses incurred in the performance of 714
their duties and in attending educational meetings offering 715
professional training to such persons as budgeted. 716
SECTION 12. Section 43-21-125, Mississippi Code of 1972, 717
which creates the Mississippi Council of Youth Court Judges, is 718
hereby repealed. 719
SECTION 13. The following shall be codified as Section 720
43-21-126, Mississippi Code of 1972: 721
43-21-126. (1) There is hereby created the Family Services 722
Forum for Mississippi Children, Youth, and Families. The purpose 723
of the forum shall be: 724
(a) To facilitate collaborative planning and services 725
for children, youth, and families referred to Mississippi youth 726
courts for either child welfare or juvenile justice matters; 727
(b) To improve outcomes for children and families by 728
fostering a community of collaboration between the child welfare 729
and juvenile justice systems; and 730
(c) To serve as a venue for deliberation and consensus 731
building on strategies that will have the greatest impact on 732
well-being, safety, and justice for Mississippi children, youth, 733
and families. 734
(2) The forum shall: 735
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(a) Develop and maintain a statewide resource 736
directory/online platform that details available community-based 737
services for youth at risk of child welfare or juvenile justice 738
involvement, including truancy. The resource shall include 739
program type, eligibility, funding source, and referral contacts; 740
(b) Identify and implement strategies to better 741
coordinate and leverage Medicaid, Family First Prevention Services 742
Act, Title IV-E of the Social Security Act, and other federal and 743
state funding sources to support and pilot evidence-based, 744
community-based alternatives to placement programs for youth at 745
risk of entering foster care or juvenile justice placement; 746
(c) Make recommendations for statutory or rules changes 747
and administrative processes to strengthen cross-system responses 748
for youth involved in the child protection and juvenile justice 749
systems, including identifying evidence-based tools for early 750
identification and referral of youth and families for substance 751
abuse treatment and early identification and referral of youth 752
having contact with both the child welfare and juvenile justice 753
systems; 754
(d) Determine how to maximize federal funding streams, 755
including determining which, if any, state plans need to be 756
amended, which agency plans, if any, need to be amended, and what 757
agreements, if any, need to be entered for cross-agency 758
collaboration and for obtaining high quality independent legal 759
representation; 760
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(e) Track services provided and outcomes including, but 761
not limited to, populations served by each service provider, cost 762
for those services, cost comparisons across the range of similar 763
service providers, program outcomes, such as success and failure 764
rates, and a cost-versus-benefit analysis, areas of the state in 765
which services are offered, and community needs as identified by 766
forum members and supported with agency and youth court data; 767
(f) Review anonymized data collected by youth courts 768
and agencies that is related to children, youth, and families 769
referred to Mississippi youth courts; 770
(g) Develop processes for regular data reporting, 771
analysis, and sharing across agencies and courts involved with 772
children, youth, and families referred to Mississippi youth 773
courts; and 774
(h) Address any other issues related to providing 775
services to children, youth, and families referred to Mississippi 776
youth courts. 777
(3) The forum shall consist of the following members: 778
(a) One (1) chancery court judge, to be appointed by 779
the Chief Justice of the Mississippi Supreme Court; 780
(b) One (1) circuit court judge who presides over an 781
adult intervention court, to be appointed by the Chief Justice of 782
the Mississippi Supreme Court; 783
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(c) One (1) youth court judge who presides over a 784
juvenile intervention court, to be appointed by the Chief Justice 785
of the Mississippi Supreme Court; 786
(d) One (1) member of the Mississippi House of 787
Representatives to be appointed by the Speaker of the House; 788
(e) One (1) member of the Mississippi Senate to be 789
appointed by the Lieutenant Governor; 790
(f) The directors of the following state agencies or 791
entities, or their designees, and two principal employees familiar 792
with federal funding streams, other than the director or 793
commissioner of each agency or entity: 794
(i) The Mississippi Department of Human Services; 795
(ii) The Mississippi Department of Health; 796
(iii) The Mississippi Department of Mental Health; 797
(iv) The Mississippi Department of Public Safety; 798
(v) The Mississippi Department of Education; 799
(vi) The Division of Medicaid; 800
(vii) The Administrative Office of Courts; 801
(viii) The Office of the Attorney General; 802
(ix) The Office of the State Public Defender; 803
(x) The Mississippi Department of Child Protection 804
Services; 805
(xi) The Mississippi Home Corporation; and 806
(h) The director or designee of the Governor's Office 807
of Federal-State Programs. 808
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(4) The members shall be appointed within fifteen (15) days 809
of July 1, 2026, and shall serve until the end of their respective 810
terms of office, if applicable, or until October 1, 2030, 811
whichever occurs first. Vacancies shall be filled in the manner 812
of the original appointment. Members shall be eligible for 813
reappointment provided that upon such reappointment they meet the 814
qualifications required of a new appointee. 815
(5) The forum must meet within sixty (60) days of the 816
effective date of this act upon call of the Chief Justice of the 817
Mississippi Supreme Court. At its first meeting, the forum may 818
elect any officers from among its membership as it deems necessary 819
for the efficient discharge of its duties. 820
(6) The forum shall adopt rules and regulations governing 821
times and places for meetings and governing the manner of 822
conducting its business. Twenty-three (23) or more members shall 823
constitute a quorum for the purpose of conducting any business of 824
the forum. A vote of not less than twenty-six (26) members shall 825
be required for any recommendations to the Legislature. 826
(7) Members shall serve without compensation, except that 827
state and county employees and officers shall receive any per diem 828
as authorized by law from appropriations available to their 829
respective agencies or political subdivisions. All members shall 830
be entitled to receive reimbursement for any actual and reasonable 831
expenses incurred as a necessary incident to service on the forum, 832
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including mileage as provided by law subject to appropriation by 833
the Legislature. 834
(8) Subject to appropriation by the Legislature, the forum 835
may employ any consultants it deems necessary, including 836
consultants to compile any demographic data needed to accomplish 837
the duties of the forum. 838
(9) The Administrative Office of Courts will provide the 839
support staff necessary for the forum in the performance of its 840
duties. 841
(10) The forum may: 842
(a) Contract for suitable office space in accordance 843
with the provisions of Section 29-5-2, Mississippi Code of 1972; 844
(b) Utilize, with their consent, the services, 845
equipment, personnel, information and resources of other state 846
agencies; 847
(c) Accept voluntary and uncompensated services, 848
contract with individuals, public and private agencies; 849
(d) Request information, reports and data from any 850
agency of the state, or any of its political subdivisions, to the 851
extent authorized by law. 852
(11) In order to conduct and carry out its purposes, duties, 853
and related activities as provided for in this section, the forum 854
is authorized to apply for and accept gifts, grants, subsidies, 855
and other funds from persons, corporations, foundations, the 856
United States government or other entities, provided that the 857
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receipt of such gifts, grants, subsidies, and funds shall be 858
reported and otherwise accounted for in the manner provided by 859
law. 860
(12) The forum shall report annually to the Legislature, 861
addressing all matters set out in subsection (2) of this section. 862
The report under this section shall be filed no later than 863
December 15 each year. 864
SECTION 14. Section 43-21-203, Mississippi Code of 1972, is 865
amended as follows: 866
43-21-203. (1) The youth court shall be in session at all 867
times. 868
(2) All cases involving children shall be heard at any place 869
the judge deems suitable but separately from the trial of cases 870
involving adults. 871
(3) Hearings in all cases involving children shall be 872
conducted without a jury and may be recessed from time to time. 873
(4) All hearings shall be conducted under such rules of 874
evidence and rules of court as may comply with applicable 875
constitutional standards. 876
(5) No proceeding by the youth court in cases involving 877
children shall be a criminal proceeding but shall be entirely of a 878
civil nature. 879
* * * 880
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( * * *6) In all hearings, a complete record of all evidence 881
shall be taken by stenographic reporting, by mechanical or 882
electronic device or by some combination thereof. 883
( * * *7) The youth court may exclude the attendance of a 884
child from a hearing in neglect and abuse cases with consent of 885
the child's counsel. The youth court may exclude the attendance 886
of a child from any portion of a disposition hearing that would be 887
injurious to the best interest of the child in delinquency and 888
children in need of supervision cases with consent of the child's 889
counsel. 890
( * * *8) All parties to a youth court cause shall have the 891
right at any hearing in which an investigation, record or report 892
is admitted in evidence: 893
(a) To subpoena, confront and examine the person who 894
prepared or furnished data for the report; and 895
(b) To introduce evidence controverting the contents of 896
the report. 897
( * * *9) Except as provided by Section 43-21-561(5) or as 898
otherwise provided by this chapter, the disposition of a child's 899
cause or any evidence given in the youth court in any proceedings 900
concerning the child shall not be admissible against the child in 901
any case or proceeding in any court other than a youth court. 902
( * * *10) An order or ruling of the youth court judge 903
delivered orally must be reduced to writing within forty-eight 904
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(48) hours, excluding Saturdays, Sundays and statutory state 905
holidays. 906
SECTION 15. The following shall be codified as Section 907
43-21-204, Mississippi Code of 1972: 908
43-21-204. (1) As used in this section, the term "youth 909
court proceeding" or "proceeding" means a court proceeding 910
stemming from a petition alleging that a child is an abused, 911
neglected, dependent, in need of supervision, or delinquent child. 912
(2) The general public shall be admitted to any hearing in a 913
youth court proceeding, including, but not limited to, any 914
adjudicatory hearing or any dispositional hearing except as 915
otherwise provided in subsection (3) of this section. 916
(3) (a) The court may close a youth court hearing only 917
after a finding on the record and issuance of a signed order 918
stating the reason or reasons for closing all or part of a hearing 919
in a youth court proceeding. The order closing a hearing in a 920
youth court proceeding shall state that the decision to close all 921
or part of the hearing is because: 922
(i) The proceeding involves an allegation of an 923
act which, if done by an adult, would constitute a sexual offense; 924
or 925
(ii) It is in the best interests of the child. 926
(b) In making such a determination, the court shall 927
consider such factors as: 928
(i) The age of the child alleged or adjudicated; 929
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(ii) The nature of the allegations; 930
(iii) The effect that an open court proceeding 931
will have on the court's ability to reunite and rehabilitate the 932
family unit; and 933
(iv) Whether the closure is necessary to protect 934
the privacy of a child, of a parent or foster parent or other 935
caretaker of a child, or of a victim of domestic violence. 936
(4) The court may close a hearing under subsection (3) of 937
this section or exclude a person from a hearing under subsection 938
(6) of this section in any proceeding on its own motion, by motion 939
of a party to the proceeding, or by motion of the child who is the 940
subject of the proceeding or the child's attorney or guardian ad 941
litem, after a finding on the record and issuance of a signed 942
order. 943
(5) Only the parties, their counsel, witnesses, persons 944
accompanying a party for his or her assistance, the victim, and 945
any other persons as the court finds have a proper interest in the 946
proceeding or in the work of the court may be admitted by the 947
court to hearings from which the public is excluded. 948
Notwithstanding this subsection, when the conduct alleged in the 949
proceeding could give rise to a criminal prosecution or 950
delinquent-act adjudication, attorneys for the prosecution and the 951
defense shall be admitted. 952
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(6) The court may refuse to admit a person to a hearing in 953
any proceeding upon making a finding upon the record and issuance 954
of a signed order that the person's presence at the hearing would: 955
(1) Be detrimental to the best interests of the child 956
who is a party to the proceeding; 957
(2) Impair the fact-finding process; or 958
(3) Be otherwise contrary to the interest of justice. 959
(7) Any request for installation and use of electronic 960
recording, transmission, videotaping, or motion picture or still 961
photography of any judicial proceeding shall be made to the court 962
at least two days in advance of the hearing. 963
(8) The judge may order the media not to release identifying 964
information concerning any child, family member, foster parent or 965
other caretaker of a child involved in public or closed hearings. 966
SECTION 16. Section 43-21-251, Mississippi Code of 1972, is 967
amended as follows: 968
43-21-251. (1) The court records of the youth court shall 969
include: 970
(a) A general docket in which the clerk of the youth 971
court shall enter the names of the parties in each cause, the date 972
of filing the petition, any other pleadings, * * * issuance and 973
return of process, and a reference by the minute book and page to 974
all orders made therein. * * * 975
(b) All the papers and pleadings filed in a cause. The 976
papers in every cause shall be marked with the style and number of 977
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the cause and the date when filed. All the papers filed in a 978
cause shall be kept in the same file, and all the files shall be 979
kept in numerical order. 980
(c) Any and all other papers in a cause. 981
( * * *d) All social records of a youth court, which 982
shall include all intake records, social summaries, medical 983
examinations, mental health examinations, transfer studies and all 984
other information obtained and prepared in the discharge of 985
official duty for the youth court. 986
(i) A "social summary" is an investigation of the 987
personal and family history and the environment of a child who is 988
the subject of a youth court cause. The social summary should 989
describe all reasonable appropriate alternative dispositions. The 990
social summary should contain a specific plan for the care and 991
assistance to the child with a detailed explanation showing the 992
necessity for the proposed plan of disposition. 993
(ii) A "medical examination" is an examination by 994
a physician of a child who is the subject of a youth court cause 995
or of his parent. The youth court may order a medical examination 996
at any time after the intake unit has received a written 997
complaint. Whenever possible, a medical examination shall be 998
conducted on an outpatient basis. A medical examination of a 999
parent of the child who is the subject of the cause shall not be 1000
ordered unless the physical or mental ability of the parent to 1001
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care for the child is a relevant issue in the particular cause and 1002
the parent to be examined consents to the examination. 1003
(iii) A "mental health examination" is an 1004
examination by a psychiatrist or psychologist of a child who is 1005
the subject of a youth court cause or of his parent. The youth 1006
court may order a mental health examination at any time after the 1007
intake unit has received a written complaint. Whenever possible, 1008
a mental health examination shall be conducted on an outpatient 1009
basis. A mental health examination of a parent of the child who 1010
is the subject of a cause shall not be ordered unless the physical 1011
or mental ability of the parent to care for the child is a 1012
relevant issue in the particular cause and the parent to be 1013
examined consents to the examination. 1014
(iv) A "transfer study" is a social summary which 1015
addresses the factors set forth in Section 43-21-157(5). A 1016
transfer study shall not be admissible evidence nor shall it be 1017
considered by the court at any adjudicatory hearing. It shall be 1018
admissible evidence at a transfer or disposition hearing. 1019
( * * *e) A minute book in which the clerk shall record 1020
all the orders of the youth court. 1021
( * * *f) Proceedings of the youth court and evidence. 1022
( * * *g) All information obtained by the youth court 1023
from the Administrative Office of Courts pursuant to a request 1024
under Section 43-21-261(15). 1025
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(2) The records of the youth court and the contents thereof 1026
shall be kept confidential and shall not be disclosed except as 1027
provided in Section 43-21-261. 1028
(3) The court records of the youth court may be kept on 1029
computer in the manner provided for storing circuit court records 1030
and dockets as provided in Section 9-7-171. The Administrative 1031
Office of Courts shall recommend to the youth courts a uniform 1032
format to maintain the records of such courts. 1033
SECTION 17. Section 43-21-257, Mississippi Code of 1972, is 1034
amended as follows: 1035
43-21-257. (1) Unless otherwise provided in this section, 1036
any record involving children, including valid and invalid 1037
complaints, and the contents thereof maintained by the Department 1038
of Human Services or the Department of Child Protection Services, 1039
or any other state agency, shall be kept confidential and shall 1040
not be disclosed except as provided in Section 43-21-261. 1041
* * * 1042
( * * *2) The Department of Child Protection Services shall 1043
maintain a state central registry on neglect and abuse cases 1044
containing (a) the name, address and age of each child, (b) the 1045
nature of the harm reported, (c) the name and address of the 1046
person responsible for the care of the child, and (d) the name and 1047
address of the substantiated perpetrator of the harm reported. 1048
"Substantiated perpetrator" shall be defined as an individual who 1049
has committed an act(s) of sexual abuse or physical abuse that 1050
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would otherwise be deemed as a felony or any child neglect that 1051
would be deemed as a threat to life. A name is to be added to the 1052
registry only based upon a criminal conviction or an adjudication 1053
by a youth court judge or court of competent jurisdiction, 1054
ordering that the name of the perpetrator be listed on the central 1055
registry. The central registry shall be confidential and shall 1056
not be open to public inspection. * * * The Department of Child 1057
Protection Services and its employees are exempt from any civil 1058
liability as a result of any action taken pursuant to the 1059
compilation or release of information on the central registry 1060
under this section and any other applicable section of this code, 1061
unless determined that an employee has willfully and maliciously 1062
violated the rules and administrative procedures of the department 1063
pertaining to the central registry or any section of this code. 1064
If an employee is determined to have willfully and maliciously 1065
performed such a violation, said employee shall not be exempt from 1066
civil liability in this regard. The Department of Child 1067
Protection Services shall seek a court order to place a 1068
perpetrator on the registry in every case in which the agency is 1069
involved and in which the court substantiates abuse or neglect. 1070
In delinquency cases, the youth court prosecutor shall seek an 1071
order placing a substantiated perpetrator on the registry. 1072
(4) The Mississippi State Department of Health may release 1073
the findings of investigations into allegations of abuse within 1074
licensed day care centers made under the provisions of Section 1075
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43-21-353(8) to any parent of a child who is enrolled in the day 1076
care center at the time of the alleged abuse or at the time the 1077
request for information is made. The findings of any such 1078
investigation may also be released to parents who are considering 1079
placing children in the day care center. No information 1080
concerning those investigations may contain the names or 1081
identifying information of individual children. 1082
The Department of Health shall not be held civilly liable for 1083
the release of information on any findings, recommendations or 1084
actions taken pursuant to investigations of abuse that have been 1085
conducted under Section 43-21-353(8). 1086
SECTION 18. Section 43-21-261, Mississippi Code of 1972, is 1087
amended as follows: 1088
43-21-261. (1) Except as otherwise provided in this 1089
section, records involving children shall not be disclosed, other 1090
than to * * * the following persons: 1091
(a) The judge of another youth court or member of 1092
another youth court staff; 1093
(b) Parties and their attorneys; 1094
(c) Necessary staff or officials of the youth court; 1095
(d) A guardian ad litem appointed to a child by the 1096
court; 1097
(e) A Court-Appointed Special Advocate (CASA) volunteer 1098
who may be assigned in a dependency, abuse or neglect case; 1099
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( * * *f) The court of the parties in a child custody 1100
or adoption cause in another court; 1101
( * * *g) A judge of any other court or members of 1102
another court staff, including the chancery court that ordered a 1103
forensic interview; 1104
( * * *h) Representatives of a public or private agency 1105
providing supervision or having custody of the child under order 1106
of the youth court; 1107
( * * *i) Any person engaged in a bona fide research 1108
purpose, provided that no information identifying the subject of 1109
the records shall be made available to the researcher unless it is 1110
absolutely essential to the research purpose and the judge gives 1111
prior written approval, and the child, through his or her 1112
representative, gives permission to release the information; 1113
( * * *j) The Mississippi Department of Employment 1114
Security, or its duly authorized representatives, for the purpose 1115
of a child's enrollment into the Job Corps Training Program as 1116
authorized by Title IV of the Comprehensive Employment Training 1117
Act of 1973 (29 USCS Section 923 et seq.). However, no records, 1118
reports, investigations or information derived therefrom 1119
pertaining to child abuse or neglect shall be disclosed; 1120
( * * *k) Any person pursuant to a finding by a judge 1121
of the youth court of compelling circumstances affecting the 1122
health, safety or well-being of a child and that such disclosure 1123
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is in the best interests of the child or an adult who was formerly 1124
the subject of a youth court delinquency proceeding; 1125
( * * *l) A person who was the subject of a knowingly 1126
made false allegation of child abuse or neglect which has resulted 1127
in a conviction of a perpetrator in accordance with Section 1128
97-35-47 or which allegation was referred by the Department of 1129
Child Protection Services to a prosecutor or law enforcement 1130
official in accordance with the provisions of Section 1131
43-21-353(4) * * *; 1132
(m) The Office of Community Services within the 1133
Department of Human Services for the purposes described in Section 1134
43-27-20(d); or 1135
(n) A district attorney. 1136
Law enforcement agencies may disclose information to the 1137
public concerning the taking of a child into custody for the 1138
commission of a delinquent act without the necessity of an order 1139
from the youth court. The information released shall not identify 1140
the child or his address unless the information involves a child 1141
convicted as an adult. 1142
(2) Any records involving children which are disclosed * * * 1143
pursuant to the terms of this section and the contents thereof 1144
shall be kept confidential by the person or agency to whom the 1145
record is disclosed * * *. Any further disclosure of any records 1146
involving children shall be made only under an order of the youth 1147
court as provided in this section. 1148
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(3) * * * The parent, guardian or custodian of the child who 1149
is the subject of a youth court cause or any attorney for such 1150
parent, guardian or custodian, shall have the right to inspect and 1151
copy any record, report or investigation relevant to a matter to 1152
be heard by a youth court, except that the identity of the 1153
reporter shall not be released, nor the name of any other person 1154
where the person or agency making the information available finds 1155
that disclosure of the information would be likely to endanger the 1156
life or safety of such person. The attorney for the parent, 1157
guardian or custodian of the child, upon request, shall be 1158
provided a copy of any record, report or investigation relevant to 1159
a matter to be heard by a youth court, but the identity of the 1160
reporter must be redacted and the name of any other person must 1161
also be redacted if the person or agency making the information 1162
available finds that disclosure of the information would be likely 1163
to endanger the life, safety or well-being of the person. A 1164
record provided to the attorney under this section must remain in 1165
the attorney's control and the attorney may not provide copies or 1166
access to another person or entity without prior consent of a 1167
court with appropriate jurisdiction. 1168
* * * 1169
( * * *4) (a) * * * [Deleted] 1170
(b) The Department of Child Protection Services shall 1171
disclose to a county prosecuting attorney or district attorney any 1172
and all records resulting from an investigation into suspected 1173
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child abuse or neglect when the case has been referred by the 1174
Department of Child Protection Services to the county prosecuting 1175
attorney or district attorney for criminal prosecution. 1176
(c) Agency records made confidential under the 1177
provisions of this section may be disclosed to a court of 1178
competent jurisdiction. 1179
(d) Records involving children shall be disclosed to 1180
the Division of Victim Compensation of the Office of the Attorney 1181
General upon the division's request * * * for purposes of 1182
determination of eligibility for victim compensation benefits. 1183
( * * *5) Information concerning an investigation into a 1184
report of child abuse or child neglect may be disclosed by the 1185
Department of Child Protection Services * * * to any attorney, 1186
physician, dentist, intern, resident, nurse, psychologist, social 1187
worker, family protection worker, family protection specialist, 1188
child caregiver, minister, law enforcement officer, or a public or 1189
private school employee making that report pursuant to Section 1190
43-21-353(1) if the reporter has a continuing professional 1191
relationship with the child and a need for such information in 1192
order to protect or treat the child. 1193
( * * *6) Information concerning an investigation into a 1194
report of child abuse or child neglect may be disclosed * * * to 1195
any interagency child abuse task force established in any county 1196
or municipality by order of the youth court of that county or 1197
municipality. 1198
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* * * 1199
( * * *7) The victim of an offense committed by a child who 1200
is the subject of a youth court cause shall have the right to be 1201
informed of the child's disposition by the youth court. 1202
( * * *8) A classification hearing officer of the State 1203
Department of Corrections, as provided in Section 47-5-103, shall 1204
have the right to inspect any youth court records, excluding abuse 1205
and neglect records, of any offender in the custody of the 1206
department who as a child or minor was a juvenile offender or was 1207
the subject of a youth court cause of action, and the State Parole 1208
Board, as provided in Section 47-7-17, shall have the right to 1209
inspect such records when the offender becomes eligible for 1210
parole. 1211
( * * *9) The youth court shall notify the Department of 1212
Public Safety of the name, and any other identifying information 1213
such department may require, of any child who is adjudicated 1214
delinquent as a result of a violation of the Uniform Controlled 1215
Substances Law. 1216
( * * *10) The Administrative Office of Courts shall have 1217
the right to inspect any youth court records * * *. 1218
( * * *11) Upon a request by a youth court, the 1219
Administrative Office of Courts shall disclose all information at 1220
its disposal concerning any previous youth court intakes alleging 1221
that a child was a delinquent child, child in need of supervision, 1222
child in need of special care, truant child, abused child or 1223
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neglected child, as well as any previous youth court adjudications 1224
for the same and all dispositional information concerning a child 1225
who at the time of such request comes under the jurisdiction of 1226
the youth court making such request. 1227
( * * *12) The Administrative Office of Courts may, in its 1228
discretion, disclose to the Department of Public Safety any or all 1229
of the information involving children contained in the * * * 1230
uniform youth court data management system * * * designated by the 1231
office under Section 9-21-9(1)(d). 1232
( * * *13) The youth courts of the state shall disclose to 1233
the Joint Legislative Committee on Performance Evaluation and 1234
Expenditure Review (PEER) any youth court records in order that 1235
the number of youthful offenders, abused, neglected, truant and 1236
dependent children, as well as children in need of special care 1237
and children in need of supervision, may be tracked with 1238
specificity through the youth court and adult justice system, and 1239
to utilize tracking forms for such purpose. The disclosure 1240
prescribed in this subsection shall not require a court order and 1241
shall be made in sortable, electronic format where possible. The 1242
PEER Committee may seek the assistance of the Administrative 1243
Office of Courts in seeking this information. The PEER Committee 1244
shall not disclose the identities of any youth who have been 1245
adjudicated in the youth courts of the state and shall only use 1246
the disclosed information for the purpose of monitoring the 1247
effectiveness and efficiency of programs established to assist 1248
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adjudicated youth, and to ascertain the incidence of adjudicated 1249
youth who become adult offenders. 1250
* * * 1251
( * * *14) Any member of a foster care review board 1252
designated by the Department of Child Protection Services shall 1253
have the right to inspect youth court records relating to the 1254
abuse, neglect or child in need of supervision cases assigned to 1255
such member for review. 1256
( * * *15) Information concerning an investigation into a 1257
report of child abuse or child neglect may be disclosed * * * in 1258
any administrative or due process hearing held, pursuant to 1259
Section 43-21-257, by the Department of Child Protection Services 1260
for individuals whose names will be placed on the central registry 1261
as substantiated perpetrators. 1262
( * * *16) The Department of Child Protection Services may 1263
disclose records involving children to the following: 1264
(a) A foster home, residential child-caring agency or 1265
child-placing agency to the extent necessary to provide such care 1266
and services to a child; 1267
(b) An individual, agency or organization that provides 1268
services to a child or the child's family in furtherance of the 1269
child's permanency plan to the extent necessary in providing those 1270
services; 1271
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(c) Health and mental health care providers of a child 1272
to the extent necessary for the provider to properly treat and 1273
care for the child; 1274
(d) An educational institution or educational services 1275
provider where the child is enrolled or where enrollment is 1276
anticipated to the extent necessary for the school to provide 1277
appropriate services to the child; 1278
(e) Any state agency or board that administers student 1279
financial assistance programs. However, any records request under 1280
this paragraph shall be initiated by the agency or board for the 1281
purpose determining the child's eligibility for student financial 1282
assistance, and any disclosure shall be limited to the 1283
verification of the child's age during the period of time in which 1284
the child was in the department's legal custody; and 1285
(f) Any other state agency if the disclosure is 1286
necessary to the department in fulfilling its statutory 1287
responsibilities in protecting the best interests of the child. 1288
* * * 1289
( * * *17) The provisions of this section shall stand 1290
repealed on July 1, * * * 2029. 1291
SECTION 19. Section 43-21-263, Mississippi Code of 1972, is 1292
amended as follows: 1293
43-21-263. (1) The youth court may order the sealing of 1294
records involving children: 1295
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(a) if the child who was the subject of the cause has 1296
attained twenty (20) years of age; 1297
(b) if the youth court dismisses the cause; or 1298
(c) if the youth court sets aside an adjudication in 1299
the cause. 1300
(2) The youth court may * * * upon its own motion or upon 1301
application of a party to a youth court cause and after a hearing 1302
on the record where specific findings and conclusions are entered 1303
on the record, order the sealing * * *, unsealing, or expungement 1304
of the records involving children. 1305
SECTION 20. Section 43-21-267, Mississippi Code of 1972, 1306
which creates a criminal penalty for the disclosure of certain 1307
records, is hereby repealed. 1308
SECTION 21. Section 43-21-305, Mississippi Code of 1972, 1309
which authorizes a law enforcement officer to stop and question 1310
certain children in public, is hereby repealed. 1311
SECTION 22. Section 43-21-307, Mississippi Code of 1972, is 1312
amended as follows: 1313
[Until January 1, 2028, this section shall read as follows:] 1314
43-21-307. The judge or his designee may authorize the 1315
temporary custody of a child taken into custody for a period of 1316
not longer than forty-eight (48) hours, excluding Saturdays, 1317
Sundays, and statutory state holidays if the judge or his designee 1318
finds there are grounds to issue a custody order as defined in 1319
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Section 43-21-301 and such custody order complies with the 1320
detention requirements provided in Section 43-21-301(6). 1321
[From and after January 1, 2028, this section shall read as 1322
follows:] 1323
43-21-307. The judge * * * may authorize the temporary 1324
custody of a child taken into custody for a period of not longer 1325
than forty-eight (48) hours, excluding Saturdays, Sundays, and 1326
statutory state holidays if the judge * * * finds there are 1327
grounds to issue a custody order as defined in Section 43-21-301 1328
and such custody order complies with the detention requirements 1329
provided in Section 43-21-301(6). 1330
SECTION 23. Section 43-21-311, Mississippi Code of 1972, is 1331
amended as follows: 1332
[Until January 1, 2028, this section shall read as follows:] 1333
43-21-311. (1) When a child is taken into custody, he shall 1334
immediately be informed of: 1335
(a) The reason for his custody; 1336
(b) The time within which review of the custody shall 1337
be held; 1338
(c) His rights during custody including his right to 1339
counsel; 1340
(d) All rules and regulations of the place at which he 1341
is held; 1342
(e) The time and place of the detention hearing when 1343
the time and place is set; and 1344
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(f) The conditions of his custody which shall be in 1345
compliance with the detention requirements provided in Section 1346
43-21-301(6). 1347
These rights shall be posted where the child may read them, 1348
and such rights must be read to the child when he or she is taken 1349
into custody. 1350
(2) When a child is taken into custody, the child may 1351
immediately telephone his parent, guardian or custodian; his 1352
counsel; and personnel of the youth court. Thereafter, he shall 1353
be allowed to telephone his counsel or any personnel of the youth 1354
court at reasonable intervals. Unless the judge or his designee 1355
finds that it is against the best interest of the child, he may 1356
telephone his parent, guardian or custodian at reasonable 1357
intervals. 1358
(3) When a child is taken into custody, the child may be 1359
visited by his counsel and authorized personnel of the youth court 1360
at any time. Unless the judge or his designee finds it to be 1361
against the best interest of the child, he may be visited by his 1362
parent, guardian or custodian during visiting hours which shall be 1363
regularly scheduled at least three (3) days per week. The youth 1364
court may establish rules permitting visits by other persons. 1365
(4) Except for the child's counsel, guardian ad litem and 1366
authorized personnel of the youth court, no person shall interview 1367
or interrogate a child held in a detention or shelter facility 1368
unless approval therefor has first been obtained from the judge or 1369
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his designee. When a child in a detention or shelter facility is 1370
represented by counsel or has a guardian ad litem, no person may 1371
interview or interrogate the child concerning the violation of a 1372
state or federal law, or municipal or county ordinance by the 1373
child unless in the presence of his counsel or guardian ad litem 1374
or with their consent. 1375
[From and after January 1, 2028, this section shall read as 1376
follows:] 1377
43-21-311. (1) When a child is taken into custody, he shall 1378
immediately be informed of: 1379
(a) The reason for his custody; 1380
(b) The time within which review of the custody shall 1381
be held; 1382
(c) His rights during custody including his right to 1383
counsel; 1384
(d) All rules and regulations of the place at which he 1385
is held; 1386
(e) The time and place of the detention hearing when 1387
the time and place is set; and 1388
(f) The conditions of his custody which shall be in 1389
compliance with the detention requirements provided in Section 1390
43-21-301(6). 1391
These rights shall be posted where the child may read them, 1392
and such rights must be read to the child when he or she is taken 1393
into custody. 1394
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(2) When a child is taken into custody, the child may 1395
immediately telephone his parent, guardian or custodian; his 1396
counsel; and personnel of the youth court. Thereafter, he shall 1397
be allowed to telephone his counsel or any personnel of the youth 1398
court at reasonable intervals. Unless the judge * * * finds that 1399
it is against the best interest of the child, he may telephone his 1400
parent, guardian or custodian at reasonable intervals. 1401
(3) When a child is taken into custody, the child may be 1402
visited by his counsel and authorized personnel of the youth court 1403
at any time. Unless the judge * * * finds it to be against the 1404
best interest of the child, he may be visited by his parent, 1405
guardian or custodian during visiting hours which shall be 1406
regularly scheduled at least three (3) days per week. The youth 1407
court may establish rules permitting visits by other persons. 1408
(4) Except for the child's counsel, guardian ad litem and 1409
authorized personnel of the youth court, no person shall interview 1410
or interrogate a child held in a detention or shelter facility 1411
unless approval therefor has first been obtained from the 1412
judge * * *. When a child in a detention or shelter facility is 1413
represented by counsel or has a guardian ad litem, no person may 1414
interview or interrogate the child concerning the violation of a 1415
state or federal law, or municipal or county ordinance by the 1416
child unless in the presence of his counsel or guardian ad litem 1417
or with their consent. 1418
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SECTION 24. Section 43-21-351, Mississippi Code of 1972, is 1419
amended as follows: 1420
43-21-351. (1) Any person or agency having knowledge that a 1421
child residing or being within the county is within the 1422
jurisdiction of the youth court may make a written report to the 1423
intake * * * officer alleging facts sufficient to establish the 1424
jurisdiction of the youth court. Delinquency reports shall 1425
include either a law enforcement report or a sworn affidavit. The 1426
report shall bear a permanent number that will be assigned by the 1427
court in accordance with the standards established by the 1428
Administrative Office of Courts pursuant to Section 9-21-9(d), and 1429
shall be preserved until destroyed on order of the court. 1430
(2) There shall be in each youth court of the state an 1431
intake officer who shall be responsible for the accurate and 1432
timely entering of all intake and case information into the * * * 1433
uniform youth court * * * data management system * * * designated 1434
by the Administrative Office of Courts under Section 9-21-9(1)(d) 1435
for * * * all youth court matters. 1436
(3) Each intake officer shall receive, at a minimum, * * * 1437
twelve (12) hours of annual intake training * * * provided by 1438
the * * * Administrative Office of Courts on the uniform youth 1439
court data management system designated by the officer under 1440
Section 9-21-9(1)(d). 1441
(4) The Mississippi Judicial College * * * shall * * * make 1442
available training materials on * * * the data management system. 1443
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(5) The provisions of this section shall stand repealed on 1444
July 1, * * * 2029. 1445
SECTION 25. Section 43-21-353, Mississippi Code of 1972, is 1446
brought forward as follows: 1447
43-21-353. (1) Any attorney, physician, dentist, intern, 1448
resident, nurse, psychologist, social worker, family protection 1449
worker, family protection specialist, child caregiver, minister, 1450
law enforcement officer, public or private school employee or any 1451
other person having reasonable cause to suspect that a child is a 1452
neglected child, an abused child, or a victim of commercial sexual 1453
exploitation or human trafficking shall cause an oral report to be 1454
made immediately by telephone or otherwise and followed as soon 1455
thereafter as possible by a report in writing to the Department of 1456
Child Protection Services, and immediately a referral shall be 1457
made by the Department of Child Protection Services to the youth 1458
court intake unit, which unit shall promptly comply with Section 1459
43-21-357. In the course of an investigation, at the initial time 1460
of contact with the individual(s) about whom a report has been 1461
made under this Youth Court Act or with the individual(s) 1462
responsible for the health or welfare of a child about whom a 1463
report has been made under this chapter, the Department of Child 1464
Protection Services shall inform the individual of the specific 1465
complaints or allegations made against the individual. Consistent 1466
with subsection (4), the identity of the person who reported his 1467
or her suspicion shall not be disclosed at that point. Where 1468
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appropriate, the Department of Child Protection Services shall 1469
additionally make a referral to the youth court prosecutor. 1470
Upon receiving a report that a child has been sexually 1471
abused, is a victim of commercial sexual exploitation or human 1472
trafficking or has been burned, tortured, mutilated or otherwise 1473
physically abused in such a manner as to cause serious bodily 1474
harm, or upon receiving any report of abuse that would be a felony 1475
under state or federal law, the Department of Child Protection 1476
Services shall immediately notify the law enforcement agency in 1477
whose jurisdiction the abuse occurred. Within forty-eight (48) 1478
hours, the department must notify the appropriate prosecutor and 1479
the Statewide Human Trafficking Coordinator. The department shall 1480
have the duty to provide the law enforcement agency all the names 1481
and facts known at the time of the report; this duty shall be of a 1482
continuing nature. The law enforcement agency and the department 1483
shall investigate the reported abuse immediately and shall file a 1484
preliminary report with the appropriate prosecutor's office within 1485
twenty-four (24) hours and shall make additional reports as new or 1486
additional information or evidence becomes available. The 1487
department shall advise the clerk of the youth court and the youth 1488
court prosecutor of all cases of abuse reported to the department 1489
within seventy-two (72) hours and shall update such report as 1490
information becomes available. In addition, if the Department of 1491
Child Protection Services determines that a parent or other person 1492
responsible for the care or welfare of an abused or neglected 1493
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child maintains active duty status within the military, the 1494
department shall notify the applicable military installation 1495
family advocacy program that there is an allegation of abuse or 1496
neglect that relates to that child. 1497
(2) Any report shall contain the names and addresses of the 1498
child and his parents or other persons responsible for his care, 1499
if known, the child's age, the nature and extent of the child's 1500
injuries, including any evidence of previous injuries, any other 1501
information that might be helpful in establishing the cause of the 1502
injury, and the identity of the perpetrator. 1503
(3) The Department of Child Protection Services shall 1504
maintain a statewide incoming wide-area telephone service or 1505
similar service for the purpose of receiving reports of suspected 1506
cases of child abuse, commercial sexual exploitation or human 1507
trafficking; provided that any attorney, physician, dentist, 1508
intern, resident, nurse, psychologist, social worker, family 1509
protection worker, family protection specialist, child caregiver, 1510
minister, law enforcement officer or public or private school 1511
employee who is required to report under subsection (1) of this 1512
section shall report in the manner required in subsection (1). 1513
(4) Reports of abuse, neglect and commercial sexual 1514
exploitation or human trafficking made under this chapter and the 1515
identity of the reporter are confidential except when the court in 1516
which the investigation report is filed, in its discretion, 1517
determines the testimony of the person reporting to be material to 1518
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a judicial proceeding or when the identity of the reporter is 1519
released to law enforcement agencies and the appropriate 1520
prosecutor pursuant to subsection (1). Reports made under this 1521
section to any law enforcement agency or prosecutorial officer are 1522
for the purpose of criminal investigation and prosecution only and 1523
no information from these reports may be released to the public 1524
except as provided by Section 43-21-261. Disclosure of any 1525
information by the prosecutor shall be according to the 1526
Mississippi Uniform Rules of Circuit and County Court Procedure. 1527
The identity of the reporting party shall not be disclosed to 1528
anyone other than law enforcement officers or prosecutors without 1529
an order from the appropriate youth court. Any person disclosing 1530
any reports made under this section in a manner not expressly 1531
provided for in this section or Section 43-21-261 shall be guilty 1532
of a misdemeanor and subject to the penalties prescribed by 1533
Section 43-21-267. Notwithstanding the confidentiality of the 1534
reporter's identity under this section, the Department of Child 1535
Protection Services may disclose a reporter's identity to the 1536
appropriate law enforcement agency or prosecutor if the department 1537
has reason to suspect the reporter has made a fraudulent report, 1538
and the Department of Child Protection Services must provide to 1539
the subject of the alleged fraudulent report written notification 1540
of the disclosure. 1541
(5) All final dispositions of law enforcement investigations 1542
described in subsection (1) of this section shall be determined 1543
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only by the appropriate prosecutor or court. All final 1544
dispositions of investigations by the Department of Child 1545
Protection Services as described in subsection (1) of this section 1546
shall be determined only by the youth court. Reports made under 1547
subsection (1) of this section by the Department of Child 1548
Protection Services to the law enforcement agency and to the 1549
district attorney's office shall include the following, if known 1550
to the department: 1551
(a) The name and address of the child; 1552
(b) The names and addresses of the parents; 1553
(c) The name and address of the suspected perpetrator; 1554
(d) The names and addresses of all witnesses, including 1555
the reporting party if a material witness to the abuse; 1556
(e) A brief statement of the facts indicating that the 1557
child has been abused, including whether the child experienced 1558
commercial sexual exploitation or human trafficking, and any other 1559
information from the agency files or known to the family 1560
protection worker or family protection specialist making the 1561
investigation, including medical records or other records, which 1562
may assist law enforcement or the district attorney in 1563
investigating and/or prosecuting the case; and 1564
(f) What, if any, action is being taken by the 1565
Department of Child Protection Services. 1566
(6) In any investigation of a report made under this chapter 1567
of the abuse or neglect of a child as defined in Section 1568
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43-21-105(l) or (m), the Department of Child Protection Services 1569
may request the appropriate law enforcement officer with 1570
jurisdiction to accompany the department in its investigation, and 1571
in such cases the law enforcement officer shall comply with such 1572
request. 1573
(7) Anyone who willfully violates any provision of this 1574
section shall be, upon being found guilty, punished by a fine not 1575
to exceed Five Thousand Dollars ($5,000.00), or by imprisonment in 1576
jail not to exceed one (1) year, or both. 1577
(8) If a report is made directly to the Department of Child 1578
Protection Services that a child has been abused or neglected or 1579
experienced commercial sexual exploitation or human trafficking in 1580
an out-of-home setting, a referral shall be made immediately to 1581
the law enforcement agency in whose jurisdiction the abuse 1582
occurred and the department shall notify the district attorney's 1583
office and the Statewide Human Trafficking Coordinator within 1584
forty-eight (48) hours of such report. The Department of Child 1585
Protection Services shall investigate the out-of-home setting 1586
report of abuse or neglect to determine whether the child who is 1587
the subject of the report, or other children in the same 1588
environment, comes within the jurisdiction of the youth court and 1589
shall report to the youth court the department's findings and 1590
recommendation as to whether the child who is the subject of the 1591
report or other children in the same environment require the 1592
protection of the youth court. The law enforcement agency shall 1593
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investigate the reported abuse immediately and shall file a 1594
preliminary report with the district attorney's office within 1595
forty-eight (48) hours and shall make additional reports as new 1596
information or evidence becomes available. If the out-of-home 1597
setting is a licensed facility, an additional referral shall be 1598
made by the Department of Child Protection Services to the 1599
licensing agency. The licensing agency shall investigate the 1600
report and shall provide the department, the law enforcement 1601
agency and the district attorney's office with their written 1602
findings from such investigation as well as that licensing 1603
agency's recommendations and actions taken. 1604
(9) If a child protective investigation does not result in 1605
an out-of-home placement, a child protective investigator must 1606
provide information to the parent or guardians about community 1607
service programs that provide respite care, counseling and support 1608
for children who have experienced commercial sexual exploitation 1609
or human trafficking, voluntary guardianship or other support 1610
services for families in crisis. 1611
SECTION 26. Section 43-21-357, Mississippi Code of 1972, is 1612
amended as follows: 1613
43-21-357. (1) After receiving a report, the youth court 1614
intake * * * officer shall promptly make a preliminary inquiry to 1615
determine whether the interest of the child, other children in the 1616
same environment or the public requires the youth court to take 1617
further action. As part of the preliminary inquiry, the youth 1618
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court intake * * * officer may request * * * that the youth 1619
court * * * order the Department of Child Protection Services, the 1620
Department of Human Services - Division of Youth Services, any 1621
successor agency or any other qualified public employee to make an 1622
investigation or report concerning the child and any other 1623
children in the same environment, and present the findings thereof 1624
to the youth court intake * * * officer. 1625
(2) If the youth court intake * * * officer receives a 1626
neglect or abuse report, the youth court intake * * * officer 1627
shall immediately forward the complaint to the Department of Child 1628
Protection Services to promptly make an investigation or report 1629
concerning the child and any other children in the same 1630
environment and promptly present the findings thereof to the youth 1631
court intake * * * officer. 1632
(3) If it appears from the preliminary inquiry that the 1633
child or other children in the same environment are within the 1634
jurisdiction of the court, the youth court intake unit shall * * * 1635
file a written recommendation and, within fourteen (14) days of 1636
receiving a completed referral, give notice to: 1637
(a) The youth court prosecutor in delinquency matters; 1638
or 1639
(b) The Mississippi Department of Child Protection 1640
Services attorney or the youth court prosecutor in welfare 1641
matters. 1642
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(4) Within fourteen (14) days after the receipt of notice of 1643
the filing of the intake recommendation, the youth court 1644
prosecutor, in delinquency matters, shall: 1645
(a) * * * File a case closure notice; 1646
(b) * * * File a referral to the youth intervention 1647
court; 1648
(c) * * * Divert the case for monitoring by the 1649
Department of Child Protection Services * * * by filing notice of 1650
the same; 1651
(d) * * * Divert the matter to a diversion program by 1652
filing notice of the same; or 1653
* * * 1654
( * * *e) File a petition. 1655
* * * 1656
(5) Within fourteen (14) days after the receipt of notice of 1657
the filing of the intake recommendation, the Department of Child 1658
Protection Services or the youth court prosecutor, in welfare 1659
matters, shall: 1660
(a) File a case closure notice; 1661
(b) File a referral to the youth intervention court; 1662
(c) Enter a notice of active monitoring by the agency; 1663
(d) Divert the matter to a diversion program by filing 1664
notice of the same; or 1665
(e) File a petition. 1666
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(6) The case closure notice shall be reviewable by the youth 1667
court for thirty (30) days after the entry of the notice on the 1668
court's own motion, on motion by the youth court prosecutor, or on 1669
motion by the Department of Child Protection Services. Nothing in 1670
this section shall affect the timeline relating to the filing of a 1671
petition once the youth court has issued a custody order pursuant 1672
to Section 43-21-301. 1673
( * * *7) If the preliminary inquiry discloses that a child 1674
needs emergency medical treatment, the judge may order the 1675
necessary treatment. 1676
SECTION 27. Section 43-21-405, Mississippi Code of 1972, is 1677
amended as follows: 1678
43-21-405. (1) [Until January 1, 2028, this subsection (1) 1679
shall read as follows:] The informal adjustment process shall be 1680
initiated with an informal adjustment conference conducted by an 1681
informal adjustment counselor appointed by the judge or his 1682
designee. 1683
(1) [From and after January 1, 2028, this subsection (1) 1684
shall read as follows:] The informal adjustment process shall be 1685
initiated with an informal adjustment conference conducted by an 1686
informal adjustment counselor appointed by the judge * * *. 1687
(2) If the child and his parent, guardian or custodian 1688
appear at the informal adjustment conference without counsel, the 1689
informal adjustment counselor shall, at the commencement of the 1690
conference, inform them of their right to counsel, the child's 1691
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right to appointment of counsel and the right of the child to 1692
remain silent. If either the child or his parent, guardian or 1693
custodian indicates a desire to be represented by counsel, the 1694
informal adjustment counselor shall adjourn the conference to 1695
afford an opportunity to secure counsel. 1696
(3) At the beginning of the informal adjustment conference, 1697
the informal adjustment counselor shall inform the child and his 1698
parent, guardian or custodian: 1699
(a) That information has been received concerning the 1700
child which appears to establish jurisdiction of the youth court; 1701
(b) The purpose of the informal adjustment conference; 1702
(c) That during the informal adjustment process no 1703
petition will be filed; 1704
(d) That the informal adjustment process is voluntary 1705
with the child and his parent, guardian or custodian and that they 1706
may withdraw from the informal adjustment at any time; and 1707
(e) The circumstances under which the informal 1708
adjustment process can be terminated under Section 43-21-407. 1709
(4) The informal adjustment counselor shall then discuss 1710
with the child and his parent, guardian or custodian: 1711
(a) Recommendations for actions or conduct in the 1712
interest of the child to correct the conditions of behavior or 1713
environment which may exist; 1714
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(b) Continuing conferences and contacts with the child 1715
and his parent, guardian or custodian by the informal adjustment 1716
counselor or other authorized persons; and 1717
(c) The child's general behavior, his home and school 1718
environment and other factors bearing upon the proposed informal 1719
adjustment. 1720
(5) After the parties have agreed upon the appropriate terms 1721
and conditions of informal adjustment, the informal adjustment 1722
counselor and the child and his parent, guardian or custodian 1723
shall sign a written informal adjustment agreement setting forth 1724
the terms and conditions of the informal adjustment. The informal 1725
adjustment agreement may be modified at any time upon the consent 1726
of all parties to the informal adjustment conference. 1727
(6) [Until January 1, 2028, this subsection shall read as 1728
follows:] The informal adjustment process shall not continue 1729
beyond a period of six (6) months from its commencement unless 1730
extended by the youth court for an additional period not to exceed 1731
six (6) months by court authorization prior to the expiration of 1732
the original six-month period. In no event shall the custody or 1733
supervision of a child which has been placed with the Department 1734
of Human Services - Division of Youth Services or the Department 1735
of Child Protection Services be continued or extended except upon 1736
a written finding by the youth court judge or referee that 1737
reasonable efforts have been made to maintain the child within his 1738
own home, but that the circumstances warrant his removal and there 1739
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is no reasonable alternative to custody, and that reasonable 1740
efforts will continue to be made towards reunification of the 1741
family. 1742
(6) [From and after January 1, 2028, this subsection shall 1743
read as follows:] The informal adjustment process shall not 1744
continue beyond a period of six (6) months from its commencement 1745
unless extended by the youth court for an additional period not to 1746
exceed six (6) months by court authorization prior to the 1747
expiration of the original six-month period. In no event shall 1748
the custody or supervision of a child which has been placed with 1749
the Department of Human Services - Division of Youth Services or 1750
the Department of Child Protection Services be continued or 1751
extended except upon a written finding by the youth court 1752
judge * * * that reasonable efforts have been made to maintain the 1753
child within his own home, but that the circumstances warrant his 1754
removal and there is no reasonable alternative to custody, and 1755
that reasonable efforts will continue to be made towards 1756
reunification of the family. 1757
SECTION 28. Section 43-21-407, Mississippi Code of 1972, is 1758
amended as follows: 1759
43-21-407. (1) If it appears to the informal adjustment 1760
counselor that the child and his parent, guardian or custodian: 1761
(a) Have complied with the terms and conditions of the 1762
informal adjustment agreement; and 1763
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(b) Have received the maximum benefit from the informal 1764
adjustment process, the informal adjustment counselor shall 1765
terminate the informal adjustment process and dismiss the child 1766
without further proceedings. The informal adjustment counselor 1767
shall notify the child and his parent, guardian or custodian in 1768
writing of the satisfactory completion of the informal adjustment 1769
and report such action to the youth court. 1770
(2) If it appears to the informal adjustment counselor that 1771
further efforts at informal adjustment would not be in the best 1772
interests of the child or the community, or that the child or his 1773
parent, guardian or custodian: 1774
(a) Denies the jurisdiction of the youth court; 1775
(b) Declines to participate in the informal adjustment 1776
process; 1777
(c) Expresses a desire that the facts be determined by 1778
the youth court; 1779
(d) Fails without reasonable excuse to attend scheduled 1780
meetings; 1781
(e) Appears unable or unwilling to benefit from the 1782
informal adjustment process, the informal adjustment counselor 1783
shall terminate the informal adjustment process. If the informal 1784
adjustment process is so terminated, the intake * * * officer 1785
shall reinitiate the intake procedure under Section 43-21-357. 1786
Even if the informal adjustment process has been so terminated, 1787
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the intake * * * officer shall not be precluded from reinitiating 1788
the informal adjustment process. 1789
SECTION 29. The following shall be codified as Section 1790
43-21-409, Mississippi Code of 1972: 1791
43-21-409. (l) (a) The legislature declares its intent to 1792
establish a youth diversion program that integrates restorative 1793
justice practices and provides community-based alternatives to the 1794
formal court system to: reduce juvenile crime and recidivism, 1795
improve positive youth outcomes, change youth offenders' behavior 1796
and attitudes, promote youth offenders' accountability, recognize 1797
and support the rights of victims, heal the harm to relationships 1798
and the community caused by youth crime, and reduce the costs 1799
within the juvenile justice system. 1800
(b) The Legislature recognizes that research has shown 1801
that court involvement with youth who are not identified as 1802
displaying a risk of harm to others can have a more harmful impact 1803
on these youth, and most low-risk youth can grow out of their 1804
behavior and stop reoffending without intervention from the 1805
juvenile justice system. 1806
(c) The Legislature declares that the goals of the 1807
youth diversion program are to: 1808
(i) Prevent further involvement of youth in the 1809
formal legal system; 1810
(ii) Consider youth who demonstrate behaviors or 1811
symptoms consistent with intellectual and developmental 1812
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disabilities, mental or behavioral health issues or lack of mental 1813
capacity, and divert those youth out of the juvenile justice 1814
system and refer them to a community treatment program; 1815
(iii) Provide eligible youth with cost-effective 1816
alternatives to adjudication that require the least amount of 1817
supervision and restrictive conditions necessary consistent with 1818
public safety and the youth's assessed level of risk of 1819
reoffending; 1820
(iv) Serve the best interest of the youth while 1821
emphasizing acceptance of responsibility and repairing any harm 1822
caused to victims and the community; 1823
(v) Reduce recidivism and improve positive 1824
outcomes for each youth through the provision of services, if 1825
warranted, that address the youth's specific needs and are proven 1826
effective; and 1827
(vi) Ensure appropriate services are available for 1828
all eligible youth. 1829
(2) For purposes of this section: 1830
(a) "Director" means the executive director of the 1831
Department of Human Services. 1832
(b) "Division" means the Division of Youth Services of 1833
the Department of Human Services. 1834
(c) "Risk screening tool" is a standardized implement 1835
approved by the Administrative office of Courts to assist intake 1836
officers in assessing the need for diversion in a particular case. 1837
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(d) "Services" may include, but are not limited to, 1838
provision of diagnostic needs assessments, general counseling and 1839
counseling during a crisis situation, behavioral health services, 1840
services for youth with developmental disabilities, specialized 1841
tutoring, job training and placement, restitution programs, 1842
community service, constructive recreational activities, day 1843
reporting and day treatment programs, and follow-up activities. 1844
(e) "Validated assessment tool" is a standardized 1845
implement approved by the Administrative Office of Courts to be 1846
utilized after screening to gauge risk and needs and guide 1847
specific interventions within diversion. 1848
(3) (a) The division may establish and administer a youth 1849
diversion program that seeks to divert youth from the youth 1850
justice system and integrate restorative justice practices. 1851
(b) To effectuate the program, the division shall 1852
allocate money within each youth court district and may contract 1853
with governmental units and nongovernmental agencies for 1854
reasonable and necessary expenses and services to serve each youth 1855
court district to divert youth and provide services, if warranted, 1856
for each eligible youth through community-based programs, which 1857
shall provide an alternative to entry into the formal legal 1858
system. 1859
(c) A youth's entry into the youth diversion program 1860
shall be initiated by the filing of a petition pursuant to the 1861
rules established in Section 43-21-451. 1862
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(4) The intake officer shall: 1863
(a) On and after January 1, 2027, conduct a risk 1864
screening using a risk screening tool approved by the 1865
Administrative Office of Courts for all youth currently referred 1866
to the youth court and referred in the future to the youth court, 1867
including referrals for alleged violations of the compulsory 1868
school attendance law, unless: 1869
(i) The youth is committed or on probation; 1870
(ii) An attempt has already been made to divert 1871
the youth; or 1872
(iii) The prosecuting attorney: 1873
1. Declines to file a petition; 1874
2. Dismisses the case; or 1875
3. Charges the youth with an offense within 1876
the exclusive jurisdiction of the circuit court; 1877
(b) Use the results of the risk screening to inform 1878
eligibility for participation in a youth diversion program and the 1879
level and intensity of supervision deemed necessary for youth 1880
diversion; 1881
(c) Consider the use of diversion to prevent a youth 1882
who demonstrates behaviors or symptoms consistent with an 1883
intellectual and developmental disability, a mental health or 1884
behavioral health issue, or a lack of mental capacity from further 1885
involvement in formal delinquency proceedings; 1886
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(d) Consider all available alternatives, including, but 1887
not limited to, a referral to the State Department of Mental 1888
Health, or a collaborative management program in lieu of 1889
adjudication in a case in which a youth demonstrates behaviors or 1890
symptoms that indicate that the youth cannot understand or 1891
participate in diversion and where it is likely that a youth would 1892
be found incompetent and unlikely to be restored in the 1893
foreseeable future; 1894
(e) Recommend diversion of the case to the division if 1895
the screening indicates diversion is appropriate; 1896
(f) Disclose the results of the risk screening to the 1897
youth and the youth's family or guardian; 1898
(g) Collect data pursuant to subsection (9) of this 1899
section; and 1900
(h) Establish and make public any eligibility criteria 1901
for participation in a youth diversion program and use the results 1902
of the risk screening to make decisions on eligibility criteria. 1903
(5) An intake officer shall not deny diversion to a youth 1904
based on the youth's: 1905
(a) Inability to pay; 1906
(b) Previous or current involvement with the Department 1907
of Human Services; 1908
(c) Age, race or ethnicity, gender, gender identity, 1909
gender expression, or sexual orientation; 1910
(d) Legal representation; or 1911
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(e) Behaviors or symptoms consistent with an 1912
intellectual and developmental disability, a mental health or 1913
behavioral health issue, or a lack of mental capacity, unless the 1914
behaviors or symptoms are so severe that the youth cannot 1915
understand or participate in diversion; 1916
(6) The Administrative Office of Courts shall ensure that: 1917
(a) The policies and practices of the youth diversion 1918
program are aligned with evidence-based practices and with the 1919
definition of "diversion" under Section 43-21-105(ll); 1920
(b) All individuals using the risk screening tool under 1921
this section receive training on the appropriate use of the tool. 1922
(7) The risk screening tool under this section is for 1923
informing decisions about diversion only. The risk screening tool 1924
and any information obtained from a youth in the course of any 1925
screening, including any admission, confession, or incriminating 1926
evidence obtained from a youth in the course of any screening or 1927
assessment, in conjunction with proceedings pursuant to this 1928
section or made in order to participate in a diversion or 1929
restorative justice program, is not admissible into evidence in 1930
any adjudicatory hearing in which the youth is accused and is not 1931
subject to subpoena, any other court process for use in any other 1932
proceeding, or for any other purpose. 1933
(8) (a) Diversion programs may use the results of a 1934
validated assessment tool approved by the Administrative Office of 1935
Courts to inform: 1936
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(i) The level and intensity of supervision 1937
necessary for youth diversion; 1938
(ii) The length of supervision for youth 1939
diversion; and 1940
(iii) What services, if any, may be offered to the 1941
youth; and 1942
(b) (i) The intake officer may recommend to the 1943
division which professionals should be involved in a youth's 1944
particular youth diversion program to assist with the youth's 1945
needs, treatment, and service planning. 1946
(ii) This recommendation may include, but is not 1947
limited to, referrals to prosecutors, youth defenders, probation 1948
officers, behavioral health treatment providers, providers who 1949
offer services to youth with developmental disabilities, and state 1950
and local governmental entities, such as the Department of Human 1951
Services, nongovernmental agencies, and individuals collaborating 1952
to provide appropriate diversion services. 1953
(9) (a) The Division of Youth Services, in collaboration 1954
with diversion program directors who accept money for programs 1955
providing youth diversion services, shall establish minimum data 1956
collection requirements and outcome measures that each 1957
governmental unit and nongovernmental agency shall collect and 1958
submit annually for all youth referred by an intake officer. At a 1959
minimum, the data summary shall include: 1960
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(i) Demographic data on age, race or ethnicity, 1961
gender, sexual orientation, and gender identity; 1962
(ii) Risk screening conducted; 1963
(iii) Risk level as determined by the risk 1964
screening or, if a screening was not completed, the reason why a 1965
screening was not completed; 1966
(iv) Offense committed by the youth; 1967
(v) Diversion status; 1968
(vi) Service participation and whether the service 1969
was provided by community partners or an in-house facility; 1970
(vii) Program completion data; 1971
(viii) Referral to restorative justice services; 1972
(ix) Child welfare involvement; and 1973
(x) Identifying data necessary to track the 1974
long-term outcomes of diverted youth. 1975
(b) On or before August 1, 2027, and each August 1 1976
thereafter, each agency that receives diversion money pursuant to 1977
subsection (2) of this section shall report on the number of 1978
youths who were screened for eligibility for diversion since the 1979
date of the previous report but subsequently rejected. At a 1980
minimum, the report shall include demographic data such as age, 1981
race and ethnicity, gender, sexual orientation, and gender 1982
identity. The reports shall include the data for the state fiscal 1983
year from July 1 through June 30. 1984
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(c) For the purposes of this subsection (9), when 1985
collecting demographic data from a youth, governmental units and 1986
nongovernmental agencies shall provide the youth with an option to 1987
decline to disclose demographic information. 1988
(10) (a) In collaboration with the division, each program 1989
providing services pursuant to this section shall develop 1990
objectives and report progress toward established objectives as 1991
required by rules promulgated by the director. 1992
(b) The director shall regularly monitor these 1993
diversion programs to ensure that progress is being made to 1994
effectuate the purposes of this section. 1995
(c) In addition to its other duties under this section, 1996
the division shall: 1997
(i) Offer technical assistance to governmental 1998
units, nongovernmental agencies, and diversion programs to support 1999
the uniform collection and reporting of data, and to support 2000
program development and adherence to program requirements; 2001
(ii) Provide annual program-level reports to the 2002
Administrative Office of Courts; and 2003
(iii) Submit a consolidated statewide report, on 2004
December 1 each year, to the Governor, Lieutenant Governor, the 2005
Speaker of the House, the Chair of the Senate Judiciary, Division 2006
A Committee, and to the Chair of the House Judiciary A Committee. 2007
SECTION 30. Section 43-21-451, Mississippi Code of 1972, is 2008
amended as follows: 2009
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43-21-451. (1) All proceedings seeking an adjudication that 2010
a child is a delinquent child, a child in need of supervision, a 2011
neglected child or an abused child shall be initiated by the 2012
filing of a petition. * * * The petition shall be drafted and 2013
filed: 2014
(a) By the youth court prosecutor * * * in delinquency 2015
matters; or 2016
(b) By the Mississippi Department of Child Protection 2017
Services or the youth court prosecutor in child welfare matters. 2018
(2) The petition shall be filed within five (5) days from 2019
the date of a detention hearing or shelter hearing continuing 2020
custody. * * * The court may, in its discretion, dismiss the 2021
petition for failure to comply with the time schedule contained 2022
herein. 2023
SECTION 31. Section 43-21-501, Mississippi Code of 1972, is 2024
amended as follows: 2025
[Until January 1, 2028, this section shall read as follows:] 2026
43-21-501. When a petition has been filed and the date of 2027
hearing has been set by the youth court, the judge or his designee 2028
shall order the clerk of the youth court to issue a summons to the 2029
following to appear personally at such hearing: 2030
(a) The child named in the petition; 2031
(b) The person or persons who have custody or control 2032
of the child; 2033
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(c) The parent or guardian of the child if such parent 2034
or guardian does not have custody of the child; 2035
(d) The Department of Child Protection Services in 2036
child welfare matters; and 2037
(e) Any other person whom the court deems necessary. 2038
[From and after January 1, 2028, this section shall read as 2039
follows:] 2040
43-21-501. When a petition has been filed and the date of 2041
hearing has been set by the youth court, the judge * * * shall 2042
order the clerk of the youth court to issue a summons to the 2043
following to appear personally at such hearing: 2044
(a) The child named in the petition; 2045
(b) The person or persons who have custody or control 2046
of the child; 2047
(c) The parent or guardian of the child if such parent 2048
or guardian does not have custody of the child; 2049
(d) The Department of Child Protection Services in 2050
child welfare matters; and 2051
(e) Any other person whom the court deems necessary. 2052
SECTION 32. Section 43-21-557, Mississippi Code of 1972, is 2053
amended as follows: 2054
43-21-557. (1) At the beginning of each adjudicatory 2055
hearing, the youth court shall: 2056
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(a) Verify the name, age and residence of the child who 2057
is the subject of the cause and ascertain the relationship of the 2058
parties, each to the other; 2059
(b) Ascertain whether all necessary parties are present 2060
and identify all persons participating in the hearing; 2061
(c) Ascertain whether the notice requirements have been 2062
complied with and, if not, whether the affected parties 2063
intelligently waived compliance in accordance with Section 2064
43-21-507; 2065
(d) Explain to the parties the purpose of the hearing 2066
and the full range of possible dispositional alternatives thereof; 2067
and 2068
(e) Explain to the parties: 2069
(i) The right to counsel; 2070
(ii) The right to remain silent; 2071
(iii) The right to subpoena witnesses; 2072
(iv) The right to cross-examine witnesses 2073
testifying against him; and 2074
(v) The right to appeal. 2075
(2) The youth court should then ascertain whether the 2076
parties before the youth court are represented by counsel. If a 2077
party before the youth court is not represented by counsel, the 2078
youth court shall ascertain whether the party understands his 2079
right to counsel. If the party wishes to retain counsel, the 2080
youth court shall continue the hearing for a reasonable time to 2081
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allow the party to obtain and consult with counsel of his 2082
choosing. If an indigent child does not have counsel, the youth 2083
court shall appoint counsel to represent the child and shall 2084
continue the hearing for a reasonable time to allow the child to 2085
consult with his appointed counsel. 2086
(3) The youth court may then inquire whether the parties 2087
admit or deny the allegations in the petition as provided in 2088
Section 43-21-553. 2089
(4) The youth court may at any time terminate the 2090
proceedings and dismiss the petition if the youth court finds such 2091
action to be conducive to the welfare of the child and in the best 2092
interest of the state. 2093
SECTION 33. Section 43-21-609, Mississippi Code of 1972, is 2094
amended as follows: 2095
43-21-609. In neglect and abuse cases, the disposition order 2096
may include any of the following alternatives, giving precedence 2097
in the following sequence: 2098
(a) Release the child to the child's parent(s) or 2099
pre-petition guardian without further action; 2100
(b) Order the child placed in the custody of the 2101
Department of Child Protection Services who shall make reasonable 2102
efforts to reunify the child with the child's parent(s). 2103
( * * *c) Place the child * * * with the child's 2104
parents, a relative or other person subject to any conditions and 2105
limitations as the court may prescribe. If the court finds that 2106
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temporary relative placement, adoption or foster care placement is 2107
inappropriate, unavailable or otherwise not in the best interest 2108
of the child, durable legal custody may be granted by the court to 2109
any person subject to any limitations and conditions the court may 2110
prescribe; such durable legal custody will not take effect unless 2111
the child or children have been in the physical custody of the 2112
proposed durable custodians for at least six (6) months under the 2113
supervision of the Department of Child Protection Services. After 2114
granting durable legal custody of a minor child, the youth court 2115
shall retain original and exclusive jurisdiction of all matters 2116
related to durable legal custody, including, but not limited to, 2117
petitions to modify the durable legal custody. The requirements 2118
of Section 43-21-613 as to disposition review hearings do not 2119
apply to those matters in which the court has granted durable 2120
legal custody. In such cases, the Department of Child Protection 2121
Services shall be released from any oversight or monitoring 2122
responsibilities; 2123
( * * *d) (i) Grant durable legal relative 2124
guardianship to a relative or fictive kin licensed as a foster 2125
parent if the licensed relative foster parent or licensed fictive 2126
kin foster parent exercised physical custody of the child for at 2127
least six (6) months before the grant of durable legal relative 2128
guardianship and the Department of Child Protection Services had 2129
legal custody or exercised supervision of the child for at least 2130
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six (6) months. In order to establish durable legal relative 2131
guardianship, the youth court must find the following: 2132
1. That reunification has been determined to 2133
be inappropriate; 2134
2. That the relative guardian or fictive kin 2135
guardian shows full commitment to the care, shelter, education, 2136
nurture, and reasonable medical care of the child; and 2137
3. That the youth court consulted with any 2138
child twelve (12) years of age or older before granting durable 2139
legal relative guardianship. 2140
(ii) The requirements of Section 43-21-613 as to 2141
disposition review hearings do not apply to a hearing concerning 2142
durable legal relative guardianship. However, the Department of 2143
Child Protection Services must conduct an annual review and 2144
recertification of the durable legal relative guardianship to 2145
determine whether it remains in the best interest of the child. 2146
If a material change in circumstances occurs adverse to the best 2147
interest of the child, the parent, relative guardian, fictive kin 2148
guardian, or Department of Child Protection Services may petition 2149
the court to review the durable legal relative guardianship; 2150
( * * *e) Order terms of treatment calculated to assist 2151
the child and the child's parent, guardian or custodian which are 2152
within the ability of the parent, guardian or custodian to 2153
perform; 2154
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( * * *f) Order youth court personnel, the Department 2155
of Child Protection Services or child care agencies to assist the 2156
child and the child's parent, guardian or custodian to secure 2157
social or medical services to provide proper supervision and care 2158
of the child; 2159
( * * *g) Give legal custody of the child to any of the 2160
following but in no event to any state training school: 2161
(i) The Department of Child Protection Services 2162
for appropriate placement; or 2163
(ii) Any private or public organization, 2164
preferably community-based, able to assume the education, care and 2165
maintenance of the child, which has been found suitable by the 2166
court. Prior to assigning the custody of any child to any private 2167
institution or agency, the youth court * * * shall first inspect 2168
the physical facilities to determine that they provide a 2169
reasonable standard of health and safety for the child; 2170
( * * *h) If the court makes a finding that custody is 2171
necessary as defined in Section 43-21-301(3)(b), and that the 2172
child, in the action pending before the youth court had not 2173
previously been taken into custody, the disposition order shall 2174
recite that the effect of the continuation of the child's residing 2175
within his or her own home would be contrary to the welfare of the 2176
child, that the placement of the child in foster care is in the 2177
best interests of the child, and unless the reasonable efforts 2178
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requirement is bypassed under Section 43-21-603(7)(c), the order 2179
also must state: 2180
(i) That reasonable efforts have been made to 2181
maintain the child within his or her own home, but that the 2182
circumstances warrant his or her removal, and there is no 2183
reasonable alternative to custody; or 2184
(ii) The circumstances are of such an emergency 2185
nature that no reasonable efforts have been made to maintain the 2186
child within his or her own home, and there is no reasonable 2187
alternative to custody; or 2188
(iii) If the court makes a finding in accordance 2189
with subparagraph (ii) of this paragraph, the court shall order 2190
that reasonable efforts be made towards the reunification of the 2191
child with his or her family; or 2192
( * * *i) [Until January 1, 2028, this paragraph (i) 2193
shall read as follows:] If the court had, before the disposition 2194
hearing in the action pending before the court, taken the child 2195
into custody, the judge or referee shall determine, and the youth 2196
court order shall recite that reasonable efforts were made by the 2197
Department of Child Protection Services to finalize the child's 2198
permanency plan that was in effect on the date of the disposition 2199
hearing. 2200
( * * *i) [From and after January 1, 2028, this 2201
paragraph (i) shall read as follows:] If the court had, before 2202
the disposition hearing in the action pending before the court, 2203
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taken the child into custody, the judge * * * shall determine, and 2204
the youth court order shall recite that reasonable efforts were 2205
made by the Department of Child Protection Services to finalize 2206
the child's permanency plan that was in effect on the date of the 2207
disposition hearing. 2208
SECTION 34. Section 43-21-613, Mississippi Code of 1972, is 2209
amended as follows: 2210
[Until January 1, 2028, this section shall read as follows:] 2211
43-21-613. (1) If the youth court finds, after a hearing 2212
which complies with the sections governing adjudicatory hearings, 2213
that the terms of a delinquency or child in need of supervision 2214
disposition order, probation or parole have been violated, the 2215
youth court may, in its discretion, revoke the original 2216
disposition and make any disposition which it could have 2217
originally ordered. The hearing shall be initiated by the filing 2218
of a petition that complies with the sections governing petitions 2219
in this chapter and that includes a statement of the youth court's 2220
original disposition order, probation or parole, the alleged 2221
violation of that order, probation or parole, and the facts which 2222
show the violation of that order, probation or parole. Summons 2223
shall be served in the same manner as summons for an adjudicatory 2224
hearing. 2225
(2) On motion of a child or a child's parent, guardian or 2226
custodian, the youth court may, in its discretion, conduct an 2227
informal hearing to review the disposition order. If the youth 2228
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court finds a material change of circumstances relating to the 2229
disposition of the child, the youth court may modify the 2230
disposition order to any appropriate disposition of equal or 2231
greater precedence which the youth court could have originally 2232
ordered. 2233
(3) (a) All disposition orders for supervision, probation 2234
or placement of a child with an individual or an agency shall be 2235
reviewed by the youth court judge or referee at least annually to 2236
determine if continued placement, probation or supervision is in 2237
the best interest of the child or the public. For children who 2238
have been adjudicated abused or neglected, except for those 2239
children for which a different timeframe is provided under Section 2240
43-21-603(7), the youth court shall conduct a permanency hearing 2241
within three (3) months after the earlier of the following and 2242
every three (3) months thereafter: 2243
(i) An adjudication that the child has been abused 2244
or neglected; or 2245
(ii) The date of the child's removal from the 2246
allegedly abusive or neglectful custodian/parent if there has been 2247
an adjudication. 2248
(b) The court shall conduct a shelter review hearing 2249
within ninety (90) days of removal if there has been no 2250
adjudication and ninety (90) days thereafter until adjudication. 2251
(4) (a) Notice of such hearings under this section shall be 2252
given in accordance with the provisions of Section 43-21-505(5). 2253
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In conducting the hearing, the judge or referee shall require a 2254
written report and may require information or statements from the 2255
child's youth court counselor, parent, guardian or custodian, 2256
which includes, but is not limited to, an evaluation of the 2257
child's progress and recommendations for further supervision or 2258
treatment. The judge or referee shall, at the permanency hearing 2259
determine the future status of the child, including, but not 2260
limited to, whether the child should be returned to the parent(s) 2261
or placed with suitable relatives, placed for adoption, placed for 2262
the purpose of establishing durable legal custody or should, 2263
because of the child's special needs or circumstances, be 2264
continued in foster care on a permanent or long-term basis. If 2265
the child is in an out-of-state placement, the hearing shall 2266
determine whether the out-of-state placement continues to be 2267
appropriate and in the best interest of the child. At the 2268
permanency hearing the judge or referee shall determine, and the 2269
youth court order shall recite that reasonable efforts were made 2270
by the Department of Child Protection Services to finalize the 2271
child's permanency plan that was in effect on the date of the 2272
permanency hearing. The judge or referee may find that reasonable 2273
efforts to maintain the child within his home shall not be 2274
required in accordance with Section 43-21-603(7)(c), and that the 2275
youth court shall continue to conduct permanency hearings for a 2276
child who has been adjudicated abused or neglected, at least 2277
annually thereafter, for as long as the child remains in the 2278
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custody of the Mississippi Department of Child Protection 2279
Services. 2280
(b) The court may find that the filing of a termination 2281
of parental rights petition is not in the child's best interest 2282
if: 2283
(i) The child is being cared for by a relative; 2284
and/or 2285
(ii) The Department of Child Protection Services 2286
has documented compelling and extraordinary reasons why 2287
termination of parental rights would not be in the best interests 2288
of the child. 2289
(c) The provisions of this subsection shall also apply 2290
to review of cases involving a dependent child; however, such 2291
reviews shall take place not less frequently than once each one 2292
hundred eighty (180) days, or upon the request of the child's 2293
attorney, a parent's attorney, or a parent as deemed appropriate 2294
by the youth court in protecting the best interests of the child. 2295
A dependent child shall be ordered by the youth court judge or 2296
referee to be returned to the custody and home of the child's 2297
parent, guardian or custodian unless the judge or referee, upon 2298
such review, makes a written finding that the return of the child 2299
to the home would be contrary to the child's best interests. 2300
(d) Reviews are not to be conducted unless explicitly 2301
ordered by the youth court concerning those cases in which the 2302
court has granted durable legal custody. In such cases, the 2303
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Department of Child Protection Services shall be released from any 2304
oversight or monitoring responsibilities, and relieved of physical 2305
and legal custody and supervision of the child. 2306
( * * *5) The provisions of this section do not apply to 2307
proceedings concerning durable legal relative guardianship. 2308
[From and after January 1, 2028, this section shall read as 2309
follows:] 2310
43-21-613. (1) If the youth court finds, after a hearing 2311
which complies with the sections governing adjudicatory hearings, 2312
that the terms of a delinquency or child in need of supervision 2313
disposition order, probation or parole have been violated, the 2314
youth court may, in its discretion, revoke the original 2315
disposition and make any disposition which it could have 2316
originally ordered. The hearing shall be initiated by the filing 2317
of a petition that complies with the sections governing petitions 2318
in this chapter and that includes a statement of the youth court's 2319
original disposition order, probation or parole, the alleged 2320
violation of that order, probation or parole, and the facts which 2321
show the violation of that order, probation or parole. Summons 2322
shall be served in the same manner as summons for an adjudicatory 2323
hearing. 2324
(2) On motion of a child or a child's parent, guardian or 2325
custodian, the youth court may, in its discretion, conduct an 2326
informal hearing to review the disposition order. If the youth 2327
court finds a material change of circumstances relating to the 2328
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disposition of the child, the youth court may modify the 2329
disposition order to any appropriate disposition of equal or 2330
greater precedence which the youth court could have originally 2331
ordered. 2332
(3) (a) All disposition orders for supervision, probation 2333
or placement of a child with an individual or an agency shall be 2334
reviewed by the youth court judge * * * at least annually to 2335
determine if continued placement, probation or supervision is in 2336
the best interest of the child or the public. For children who 2337
have been adjudicated abused or neglected, except for those 2338
children for which a different timeframe is provided under Section 2339
43-21-603(7), the youth court shall conduct a permanency hearing 2340
within three (3) months after the earlier of the following and 2341
every three (3) months thereafter: 2342
(i) An adjudication that the child has been abused 2343
or neglected; or 2344
(ii) The date of the child's removal from the 2345
allegedly abusive or neglectful custodian/parent if there has been 2346
an adjudication. 2347
(b) The court shall conduct a shelter review hearing 2348
within ninety (90) days of removal if there has been no 2349
adjudication and ninety (90) days thereafter until adjudication. 2350
(4) (a) Notice of such hearings under this section shall be 2351
given in accordance with the provisions of Section 43-21-505(5). 2352
In conducting the hearing, the judge * * * shall require a written 2353
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report and may require information or statements from the child's 2354
youth court counselor, parent, guardian or custodian, which 2355
includes, but is not limited to, an evaluation of the child's 2356
progress and recommendations for further supervision or treatment. 2357
The judge * * * shall, at the permanency hearing determine the 2358
future status of the child, including, but not limited to, whether 2359
the child should be returned to the parent(s) or placed with 2360
suitable relatives, placed for adoption, placed for the purpose of 2361
establishing durable legal custody or should, because of the 2362
child's special needs or circumstances, be continued in foster 2363
care on a permanent or long-term basis. If the child is in an 2364
out-of-state placement, the hearing shall determine whether the 2365
out-of-state placement continues to be appropriate and in the best 2366
interest of the child. At the permanency hearing the judge * * * 2367
shall determine, and the youth court order shall recite that 2368
reasonable efforts were made by the Department of Child Protection 2369
Services to finalize the child's permanency plan that was in 2370
effect on the date of the permanency hearing. The judge * * * may 2371
find that reasonable efforts to maintain the child within his home 2372
shall not be required in accordance with Section 43-21-603(7)(c), 2373
and that the youth court shall continue to conduct permanency 2374
hearings for a child who has been adjudicated abused or neglected, 2375
at least annually thereafter, for as long as the child remains in 2376
the custody of the Mississippi Department of Child Protection 2377
Services. 2378
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(b) The court may find that the filing of a termination 2379
of parental rights petition is not in the child's best interest 2380
if: 2381
(i) The child is being cared for by a relative; 2382
and/or 2383
(ii) The Department of Child Protection Services 2384
has documented compelling and extraordinary reasons why 2385
termination of parental rights would not be in the best interests 2386
of the child. 2387
(c) The provisions of this subsection shall also apply 2388
to review of cases involving a dependent child; however, such 2389
reviews shall take place not less frequently than once each one 2390
hundred eighty (180) days, or upon the request of the child's 2391
attorney, a parent's attorney, or a parent as deemed appropriate 2392
by the youth court in protecting the best interests of the child. 2393
A dependent child shall be ordered by the youth court judge * * * 2394
to be returned to the custody and home of the child's parent, 2395
guardian or custodian unless the judge or referee, upon such 2396
review, makes a written finding that the return of the child to 2397
the home would be contrary to the child's best interests. 2398
(d) Reviews are not to be conducted unless explicitly 2399
ordered by the youth court concerning those cases in which the 2400
court has granted durable legal custody. In such cases, the 2401
Department of Child Protection Services shall be released from any 2402
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oversight or monitoring responsibilities, and relieved of physical 2403
and legal custody and supervision of the child. 2404
( * * *5) The provisions of this section do not apply to 2405
proceedings concerning durable legal relative guardianship. 2406
SECTION 35. Section 43-21-621, Mississippi Code of 1972, is 2407
amended as follows: 2408
43-21-621. (1) The youth court may, in compliance with the 2409
laws governing education of children, order any state-supported 2410
public school in its jurisdiction after notice and hearing to 2411
enroll or reenroll any compulsory-school-age child in school, and 2412
further order appropriate educational services. Provided, 2413
however, that the youth court shall not order the enrollment or 2414
reenrollment of a student that has been suspended or expelled by a 2415
public school pursuant to Section 37-9-71 or 37-7-301 for 2416
possession of a weapon on school grounds, for an offense involving 2417
a threat to the safety of other persons or for the commission of a 2418
violent act. For the purpose of this section "violent act" means 2419
any action which results in death or physical harm to another or 2420
an attempt to cause death or physical harm to another. The 2421
superintendent of the school district to which such child is 2422
ordered may, in his discretion, assign such child to the 2423
alternative school program of such school established pursuant to 2424
Section 37-13-92, Mississippi Code of 1972. The court shall have 2425
jurisdiction to enforce school and education laws. Nothing in 2426
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this section shall be construed to affect the attendance of a 2427
child in a legitimate home instruction program. 2428
(2) The youth court may specify the following conditions of 2429
probation related to any juvenile ordered to enroll or reenroll in 2430
school: That the juvenile maintain passing grades in up to four 2431
(4) courses during each grading period and meet with the court 2432
counselor and a representative of the school to make a plan for 2433
how to maintain those passing grades. 2434
(3) If the adjudication of delinquency was for an offense 2435
involving a threat to the safety of the juvenile or others and 2436
school attendance is a condition of probation, the youth court 2437
judge shall make a finding that the principal of the juvenile's 2438
school should be notified. If the judge orders that the principal 2439
be notified, the youth court counselor shall within five (5) days 2440
or before the juvenile begins to attend school, whichever occurs 2441
first, notify the principal of the juvenile's school in writing of 2442
the nature of the offense and the probation requirements related 2443
to school attendance. A principal notified by a juvenile court 2444
counselor shall handle the report according to the guidelines and 2445
rules adopted by the State Board of Education. 2446
* * * 2447
SECTION 36. Section 43-21-625, Mississippi Code of 1972, is 2448
amended as follows: 2449
43-21-625. (1) The Department of Human Services * * * may 2450
develop and implement a wilderness training program for first time 2451
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youth offenders sentenced or classified as delinquency cases or as 2452
children in need of supervision. 2453
(2) The program shall include supervised camping trips, 2454
calisthenics, manual labor assignments, physical training with 2455
obstacle courses, training in decision-making and personal 2456
development and drug counseling and rehabilitation programs. 2457
(3) The department shall adopt rules requiring that 2458
wilderness training participants complete a structured 2459
disciplinary program and allowing for a restriction on general 2460
inmate population privileges. 2461
(4) Upon receipt of youth offenders, the department shall 2462
screen offenders for the wilderness training program. To 2463
participate, an offender must have no physical limitations which 2464
would preclude participation in strenuous activity, must not be 2465
impaired and must not have been previously incarcerated in a state 2466
or federal correctional facility. In screening offenders for the 2467
wilderness training program, the department shall consider the 2468
offender's criminal history and the possible rehabilitative 2469
benefits of the program. If an offender meets the specified 2470
criteria and space is available, the department shall request in 2471
writing from the sentencing court, approval to participate in the 2472
wilderness training program. If the person is classified by the 2473
court as a delinquent or child in need of supervision and the 2474
department is requesting approval from the sentencing court for 2475
placement in the program, the department shall, at the same time, 2476
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notify the prosecuting attorney that the offender is being 2477
considered for placement in the wilderness training program. The 2478
notice shall explain that the purpose of such placement is 2479
diversion from lengthy incarceration when a wilderness training 2480
program could produce the same deterrent effect, and that the 2481
person given notice may, within fourteen (14) days of the mailing 2482
of the notice, notify the sentencing court in writing of 2483
objections, if any, to the placement of the offender in the 2484
wilderness training program. The sentencing court shall notify 2485
the department in writing of placement approval no later than 2486
twenty-one (21) days after receipt of the department's request for 2487
placement of the youthful offender in the wilderness training 2488
program. Failure to notify the department within twenty-one (21) 2489
days shall be considered an approval by the sentencing court for 2490
placing the youthful offender in the wilderness training program. 2491
The offices of the prosecuting attorneys may develop procedures 2492
for notifying each victim that the offender is being considered 2493
for placement in the wilderness training program. 2494
(5) The program shall provide a period of rigorous training 2495
to offenders who require a greater degree of supervision than 2496
community control or probation provides. Wilderness training 2497
programs may be operated in secure areas in or adjacent to adult 2498
institutions or in any area approved by the department. The 2499
program is not intended to divert offenders away from probation or 2500
community control but to divert them from long periods of 2501
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incarceration when a wilderness training program could produce the 2502
same deterrent effect. 2503
(6) If an offender in the wilderness training program 2504
becomes unmanageable, the department may place him in an 2505
appropriate facility to complete the remainder of his sentence. 2506
Any period of time in which the offender is unable to participate 2507
in the wilderness training program activities may be excluded from 2508
the specified time requirements in the program. The portion of 2509
the sentence served prior to placement in the wilderness training 2510
program shall not be counted toward program completion. Upon the 2511
offender's completion of the wilderness training program, the 2512
department shall submit a report to the court that describes the 2513
offender's performance. If the offender's performance has been 2514
satisfactory, the court shall issue an order modifying the 2515
sentence imposed and placing the offender on probation. If the 2516
offender violates the conditions of probation, the court may 2517
revoke probation and impose any sentence which it might have 2518
originally imposed. 2519
(7) The department shall provide a special training program 2520
for staff selected for the wilderness training program. 2521
(8) The department is authorized to contract with any 2522
private or public nonprofit organization or entity to carry out 2523
the purpose of this section. 2524
SECTION 37. Section 43-21-703, Mississippi Code of 1972, 2525
which prescribes the required duties of the Mississippi Commission 2526
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on a Uniform Youth Court System and Procedures to study the youth 2527
court system and report any proposed changes by certain date, is 2528
hereby repealed. 2529
SECTION 38. Sections 43-21-751 through 43-21-755, 2530
Mississippi Code of 1972, which comprise the Teen Court Pilot 2531
Program Act, are hereby repealed. 2532
SECTION 39. Section 43-21-801, Mississippi Code of 1972, is 2533
amended as follows: 2534
43-21-801. (1) There is established the Youth Court Support 2535
Program. The purpose of the program shall be to ensure that all 2536
youth courts have sufficient support * * * personnel to carry on 2537
the business of the youth court. 2538
(2) Subject to appropriation by the Legislature, the 2539
Administrative Office of Courts shall * * * provide: 2540
(a) Intake officers for each chancery court district in 2541
the state; 2542
(b) One (1) youth court administrator for each chancery 2543
court district in the state. 2544
(3) (a) An intake officer provided under subsection (2) of 2545
this section shall be an employee of the Administrative Office of 2546
Courts under the direction and authority of the Administrative 2547
Office of Courts. 2548
(b) A court administrator shall be an employee of the 2549
Administrative Office of Courts and shall serve the assigned court 2550
at the will and pleasure of the judge. 2551
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* * * 2552
( * * *4) The provisions of this section shall stand 2553
repealed on July 1, * * * 2029. 2554
SECTION 40. Section 43-27-20, Mississippi Code of 1972, is 2555
amended as follows: 2556
43-27-20. (a) Within the Division of Youth Services there 2557
shall be an Office of Community Services, which shall be headed by 2558
a director appointed by and responsible to the Director of the 2559
Division of Youth Services. Each director shall hold a master's 2560
degree in social work or a related field and shall have no less 2561
than three (3) years' experience in social services, or in lieu of 2562
such degree and experience, the director shall have a minimum of 2563
eight (8) years' experience in social work or a related field. 2564
Each director shall employ and assign the community workers to 2565
serve in the various areas in the state and any other supporting 2566
personnel necessary to carry out the duties of the Office of 2567
Community Services. 2568
(b) The Director of the Office of Community Services shall 2569
assign probation and aftercare workers to the youth court * * * on 2570
the basis of caseload and need, when funds are available. The 2571
Director of the Office of Community Services is authorized to 2572
assign a youth services counselor to various court districts upon 2573
the approval of * * * the Director of the Division of Youth 2574
Services. 2575
* * * 2576
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( * * *c) The Office of Community Services shall have such 2577
duties as the Division of Youth Services shall assign to it which 2578
shall include, but not be limited to, the following: 2579
(i) Preparing the social, educational and home-life 2580
history and other diagnostic reports on the child for the benefit 2581
of the court or the training school; however, this provision shall 2582
not abridge the power of the court to require similar services 2583
from other agencies, according to law. 2584
(ii) Serving in counseling capacities with the youth or 2585
family courts. 2586
(iii) Serving as probation agents for the youth or 2587
family courts. 2588
(iv) Serving, advising and counseling of children under 2589
the control of the Division of Youth Services as may be necessary 2590
to the placement of the children in their proper environment upon 2591
release and the placement of children in suitable jobs where 2592
necessary and proper. 2593
(v) Supervising and guiding of children released or 2594
conditionally released from institutions under the control of the 2595
Division of Youth Services. 2596
(vi) Coordinating the activities of supporting 2597
community agencies which aid in the social adjustment of children 2598
released from the institution and in an aftercare program. 2599
(vii) Providing linkage and/or referral for services 2600
leading to the rehabilitation of delinquents, either within the 2601
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division or through cooperative arrangements with other 2602
appropriate agencies. 2603
(viii) Providing counseling and supervision for any 2604
child under ten (10) years of age who has been brought to the 2605
attention of the court when other suitable personnel is not 2606
available and upon request of the court concerned. 2607
(ix) Supervising the completion of aftercare programs 2608
and/or making revocation investigations at the request of the 2609
court. 2610
(x) Implementing a Standardized Risk Assessment Tool 2611
for use in the community. 2612
(xi) Developing and implementing a graduated sanctions 2613
policy for use within the community. 2614
(d) The Office of Community Services shall maintain data 2615
regarding the Division of Youth Services including the number and 2616
disposition of all cases together with such other useful 2617
information regarding those cases as may be requested and is 2618
obtainable from the records of the youth court. This duty may not 2619
be delegated to another agency. 2620
( * * *e) This section shall stand repealed on July 1, * * * 2621
2029. 2622
SECTION 41. Section 45-33-61, Mississippi Code of 1972, is 2623
amended as follows: 2624
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45-33-61. (1) A person convicted of a sex offense shall not 2625
access the Administrative Office of Courts' youth court data 2626
management system * * * as defined under Section 43-21-105(mm). 2627
(2) This section applies to all registered sex offenders 2628
without regard to the date of conviction for a registrable 2629
offense. 2630
(3) The provisions of this section shall stand repealed on 2631
July 1, * * * 2029. 2632
SECTION 42. Section 93-15-107, Mississippi Code of 1972, is 2633
amended as follows: 2634
93-15-107. (1) (a) Involuntary termination of parental 2635
rights proceedings are commenced upon the filing of a petition 2636
under this chapter. The petition may be filed by any interested 2637
person, or any agency, institution or person holding custody of 2638
the child. The simultaneous filing of a petition for adoption is 2639
not a prerequisite for filing a petition under this chapter. 2640
(b) The proceeding shall be triable, either in term 2641
time or vacation, thirty (30) days after personal service of 2642
process to any necessary party or, for a necessary party whose 2643
address is unknown after diligent search, thirty (30) days after 2644
the date of the first publication of service of process by 2645
publication that complies with the Mississippi Rules of Civil 2646
Procedure. 2647
(c) Necessary parties to a termination of parental 2648
rights action shall include the mother of the child, the legal 2649
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father of the child, the putative father of the child when known, 2650
and any agency, institution or person holding custody of the 2651
child. If the child is twelve (12) years or older at the time of 2652
the hearing, a summons must be issued and served upon the minor 2653
child, together with a copy of the petition, not less than seven 2654
(7) days before the hearing. The minor child shall be represented 2655
by counsel throughout the proceedings. The court shall appoint an 2656
attorney for any minor child who is unrepresented, so the court 2657
has the benefit of knowing the child's stated interest. If the 2658
child is fourteen (14) years or older at the time of the hearing, 2659
the child's preferences, if any, regarding the termination of 2660
parental rights shall be considered by the court. The absence of 2661
a necessary party who has been properly served does not preclude 2662
the court from conducting the hearing or rendering a final 2663
judgment. 2664
(d) A guardian ad litem shall be appointed to protect 2665
the best interest of the child, except that the court, in its 2666
discretion, may waive this requirement when a parent executes a 2667
written voluntary release to terminate parental rights. In the 2668
event that the guardian ad litem is not appointed by the 2669
Administrative Office of Courts, the guardian ad litem fees shall 2670
be determined * * * in the discretion of the court and assessed by 2671
order to the county and a copy of such assessment shall be 2672
transmitted to the Administrative Office of Courts. 2673
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(e) The style of the case shall not include the child's 2674
name when the child is not the party plaintiff or petitioner. 2675
(2) Voluntary termination of parental rights by written 2676
voluntary release is governed by Section 93-15-111. 2677
(3) In all cases involving termination of parental rights, a 2678
minor parent shall be served with process as an adult. 2679
(4) The court may waive service of process if an adoptive 2680
child was born in a foreign country, put up for adoption in the 2681
birth country, and has been legally admitted into this country. 2682
(5) The clerk shall docket cases seeking relief under this 2683
chapter as priority cases. The assigned judge shall be 2684
immediately notified when a case is filed in order to provide for 2685
expedited proceedings. 2686
(6) (a) Once the petition for termination of parental 2687
rights is filed with the court of competent jurisdiction, the 2688
court shall hold a hearing on the petition within ninety (90) 2689
calendar days of the date the petition is filed, absent 2690
extraordinary circumstances. 2691
(b) For purposes of this subsection, the 2692
ninety-calendar-day time period will commence when perfected 2693
service is made on the parents. 2694
(c) For purposes of this subsection, extraordinary 2695
circumstances include: 2696
(i) The Mississippi Supreme Court orders the 2697
suspension of in-person court proceedings; or 2698
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(ii) One (1) of the following has occurred: 2699
1. The President of the United States has 2700
declared a national emergency; or 2701
2. The Governor has declared a state of 2702
emergency or a statewide public health emergency; or 2703
(iii) If the best interest of the child is served 2704
and the chancellor makes specific findings of such. 2705
SECTION 43. Section 93-31-3, Mississippi Code of 1972, is 2706
amended as follows: 2707
93-31-3. (1) (a) A parent or legal custodian of a child, 2708
by means of a properly executed power of attorney as provided in 2709
Section 93-31-5, may delegate to another willing person or persons 2710
as attorney-in-fact any of the powers regarding the care and 2711
custody of the child other than the following: 2712
(i) The power to consent to marriage or adoption 2713
of the child; 2714
(ii) The performance or inducement of an abortion 2715
on or for the child; or 2716
(iii) The termination of parental rights to the 2717
child. 2718
(b) A delegation of powers under this section does not: 2719
(i) Change or modify any parental or legal rights, 2720
obligations, or authority established by an existing court order; 2721
(ii) Deprive any custodial or noncustodial parent 2722
or legal guardian of any parental or legal rights, obligations, or 2723
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authority regarding the custody, visitation, or support of the 2724
child; or 2725
(iii) Affect a court's ability to determine the 2726
best interests of a child. 2727
(c) If both parents are living and neither parent's 2728
parental rights have been terminated, both parents must execute 2729
the power of attorney. If a noncustodial parent is absent or 2730
unknown, the custodial parent must complete the affidavit 2731
contemplated under Section 93-31-5 and attach it to the power of 2732
attorney. 2733
(d) A power of attorney under this chapter must be 2734
facilitated by either a child welfare agency that is licensed to 2735
place children for adoption and that is operating under the Safe 2736
Families for Children model or another charitable organization 2737
that is operating under the Safe Families for Children model. A 2738
full criminal history and child abuse and neglect background check 2739
must be conducted on any person who is not a grandparent, aunt, 2740
uncle, or sibling of the child if the person is: 2741
(i) Designated or proposed to be designated as the 2742
attorney-in-fact; or 2743
(ii) Is a person over the age of fifteen (15) who 2744
resides in the home of the designated attorney-in-fact. 2745
(2) A power of attorney executed under this chapter shall 2746
not be used for the sole purposes of enrolling a child in a school 2747
to participate in the academic or interscholastic athletic 2748
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programs provided by that school or for any other unlawful 2749
purposes, except as may be permitted by the federal Every Student 2750
Succeeds Act (Public Law 114-95). 2751
(3) The parent or legal custodian of the child has the 2752
authority to revoke or withdraw the power of attorney authorized 2753
by this section at any time. Upon the termination, expiration, or 2754
revocation of the power of attorney, the child must be returned to 2755
the custody of the parent or legal custodian. 2756
(4) Until the authority expires or is revoked or withdrawn 2757
by the parent or legal custodian, the attorney-in-fact shall 2758
exercise parental or legal authority on a continuous basis without 2759
compensation for the duration of the power of attorney. 2760
(5) The execution of a power of attorney by a parent or 2761
legal custodian does not, in the absence of other evidence, 2762
constitute abandonment, desertion, abuse, neglect, or any evidence 2763
of unfitness as a parent unless the parent or legal custodian 2764
fails to take custody of the child or execute a new power of 2765
attorney after the one-year time limit, or after a longer time 2766
period as allowed for a serving parent, has elapsed. Nothing in 2767
this subsection prevents the Department of Child Protection 2768
Services or law enforcement from investigating allegations of 2769
abuse, abandonment, desertion, neglect or other mistreatment of a 2770
child. 2771
(6) When the custody of a child is transferred by a power of 2772
attorney under this chapter, the child is not considered to have 2773
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been placed in foster care and the attorney-in-fact will not be 2774
subject to any of the requirements or licensing regulations for 2775
foster care or other regulations relating to out-of-home care for 2776
children and will not be subject to any statutes or regulations 2777
dealing with the licensing or regulation of foster care homes. 2778
(7) (a) "Serving parent" means a parent who is a member of 2779
the Armed Forces of the United States, including any reserve 2780
component thereof, or the National Oceanic and Atmospheric 2781
Administration Commissioned Officer Corps or the Public Health 2782
Service of the United States Department of Health and Human 2783
Services detailed by proper authority for duty with the Armed 2784
Forces of the United States, or who is required to enter or serve 2785
in the active military service of the United States under a call 2786
or order of the President of the United States or to serve on 2787
state active duty. 2788
(b) A serving parent may delegate the powers designated 2789
in subsection (1) of this section for longer than one (1) year if 2790
on active-duty service or if scheduled to be on active-duty 2791
service. The term of delegation, however, may not exceed the term 2792
of active-duty service plus thirty (30) days. 2793
* * * 2794
( * * *8) The provisions of this section shall stand 2795
repealed on July 1, * * * 2029. 2796
SECTION 44. Section 9-5-91, Mississippi Code of 1972, is 2797
amended as follows: 2798
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9-5-91. (1) In a chancery case in which a guardian ad litem 2799
is appointed by the court, it is the duty of the chancery clerk to 2800
prepare and forward to the Administrative Office of Courts the 2801
information described by subsection (2) of this section not later 2802
than the last day of the month following the entry of an order 2803
approving any payment to the guardian ad litem. 2804
(2) The clerk shall prepare and forward the following 2805
information when filed in a * * * case where the guardian ad litem 2806
fees exceed One Thousand Dollars ($1,000.00): 2807
(a) A copy of any invoice for guardian ad litem fees; 2808
(b) A copy of any order directing payment of guardian 2809
ad litem fees; and 2810
(c) A copy of any petition seeking recovery of guardian 2811
ad litem fees, as well as any orders concerning payment of 2812
guardian ad litem fees, including, but not limited to, orders of 2813
contempt. 2814
(3) If an order previously reported under subsection (1) of 2815
this section is amended by order of the court, the clerk shall 2816
forward the subsequent court order not later than the last day of 2817
the month following the entry of the amended order. 2818
(4) The duty of a clerk to prepare and forward information 2819
under this section is not affected by: 2820
(a) Any subsequent appeal of the court order; 2821
(b) Any subsequent modification of the court order; or 2822
(c) The expiration of the court order. 2823
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* * * 2824
SECTION 45. Section 9-5-165, Mississippi Code of 1972, is 2825
amended as follows: 2826
9-5-165. The clerk shall not suffer any paper filed to be 2827
withdrawn but by leave of the chancellor, and then only by 2828
retaining a copy to be made at the cost of the party obtaining the 2829
leave. Provided, however, that any duly licensed and practicing 2830
attorney in good standing in the court may remove court files and 2831
related legal papers * * * from the clerk's office by signing 2832
therefor himself, or by a designated representative of his law 2833
office, on a record to be provided for that purpose. Such files or 2834
documents so removed shall be attested to by the clerk or his 2835
deputy at the time of removal, and said attorney shall be 2836
personally responsible for their safekeeping and return within ten 2837
(10) days, or before the first day of the next term of chancery 2838
court, whichever comes first and such files or documents shall not 2839
be removed from the county where the same are filed except that 2840
said files or documents may be taken by said attorney for use in a 2841
vacation hearing to such county where the hearing may be held. 2842
Failure to return any such court files or related legal papers as 2843
provided herein shall constitute contempt of court. 2844
SECTION 46. Section 9-21-9, Mississippi Code of 1972, is 2845
amended as follows: 2846
9-21-9. (1) The Administrative Director of Courts shall 2847
have the following duties and authority with respect to all courts 2848
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in addition to any other duties and responsibilities as may be 2849
properly assigned by the Supreme Court and/or by law: 2850
(a) To require the filing of reports, the collection 2851
and compilation of statistical data and other information on the 2852
judicial and financial operation of the courts and on the 2853
operation of other offices directly related to and serving the 2854
courts; 2855
(b) To determine the state of the dockets and evaluate 2856
the practices and procedures of the courts and make 2857
recommendations concerning the number of judges and other 2858
personnel required for the efficient administration of justice; 2859
(c) To prescribe uniform administrative and business 2860
methods, systems, forms and records to be used in the offices of 2861
the clerks of courts; 2862
(d) To devise, promulgate and require the use of a 2863
uniform youth court case tracking system, including a youth court 2864
case filing form for filing with each individual youth court 2865
matter, to be utilized by the Administrative Office of Courts and 2866
the youth courts in order that the number of youthful offenders, 2867
abused, neglected, truant and dependent children, as well as 2868
children in need of special care and children in need of 2869
supervision, may be tracked with specificity through the youth 2870
court and adult justice systems; in support of the uniform case 2871
docketing system, the director shall require that all youth courts 2872
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utilize the * * * uniform youth court * * * data management 2873
system * * * designated by the Administrative Office of Courts; 2874
(e) To develop, promulgate and require the use of a 2875
statewide docket numbering system to be utilized by the youth 2876
courts, which youth court docket numbers shall standardize and 2877
unify the numbering system by which youth court docket numbers are 2878
assigned, such that each docket number would, among other things, 2879
identify the county and year in which a particular youth court 2880
action was commenced; 2881
(f) To develop, promulgate and require the use of 2882
uniform youth court orders and forms in all youth courts and youth 2883
court proceedings; 2884
(g) To prepare and submit budget recommendations for 2885
state appropriations necessary for the maintenance and operation 2886
of the judicial system and to authorize expenditures from funds 2887
appropriated for these purposes as permitted or authorized by law; 2888
(h) To develop and implement personnel policies for 2889
nonjudicial personnel employed by the courts; 2890
(i) To investigate, make recommendations concerning and 2891
assist in the securing of adequate physical accommodations for the 2892
judicial system; 2893
(j) To procure, distribute, exchange, transfer and 2894
assign such equipment, books, forms and supplies as are acquired 2895
with state funds or grant funds or otherwise for the judicial 2896
system; 2897
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(k) To make recommendations for the improvement of the 2898
operations of the judicial system; 2899
(l) To prepare and submit an annual report on the work 2900
of the judicial system to the Supreme Court; 2901
(m) To take necessary steps in the collection of unpaid 2902
court costs, fines and forfeitures; 2903
(n) To perform such additional administrative duties 2904
relating to the improvement of the administration of justice as 2905
may be assigned by the Supreme Court; * * * 2906
(o) To promulgate standards, rules and regulations for 2907
computer and/or electronic filing and storage of all court records 2908
and court-related records maintained throughout the state in 2909
courts and in offices of circuit and chancery clerks * * *; and 2910
(p) To utilize the provisions of law that regulate 2911
public purchasing in Sections 31-7-1 et seq., to contract with a 2912
provider to effectuate the requirements of paragraph (d) for 2913
the * * * uniform youth court * * * data management system * * * 2914
designated by the Administrative Office of Courts. 2915
(2) (a) The Administrative Director of Courts shall conduct 2916
an audit of the Mississippi Youth Court Information Delivery 2917
System (MYCIDS), by August 1, 2024, to review: the services 2918
provided by the system, any contractors or employees used to 2919
administer the system, the process used to design or administer 2920
the system, guidelines used to create the system and the primary 2921
functions of the system and whether the system can be accessed by 2922
S. B. No. 2728 *SS26/R206CS* ~ OFFICIAL ~
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PAGE 117
ST: The Mississippi Chancery Youth Court Act of
2026; enact to provide uniform youth court and
extend automatic repealer on related sections.
users of the Mississippi Electronic Court System or merged with 2923
the Mississippi Electronic Court System. 2924
(b) The Administrative Director of Courts shall provide 2925
a report to the Judiciary A Committees of the Mississippi House of 2926
Representatives and the Senate by September 1, 2024, that 2927
includes: 2928
(i) A copy of the audit; 2929
(ii) Recommendations that resolve any deficiencies 2930
in the system or improve the system; 2931
(iii) Recommendations that outline the creation of 2932
a new system which is to be in operation by July 1, 2026 * * *; 2933
and 2934
(iv) A list of the companies or agencies that have 2935
submitted bids to resolve deficiencies, make improvements or 2936
create a new system. 2937
SECTION 47. This act shall take effect and be in force from 2938
and after July 1, 2026, and shall stand repealed on June 30, 2026. 2939